Kies v. Warrick
Minnesota Supreme Court
182 N.W. 998 (1921)
Relevant factsFree
Warrick (defendant) contracted to sell Kies (plaintiff) land believed to be 209 acres at an agreed total price implying $142.58 per acre, but a survey after the contract's execution revealed only 203.17 acres. Kies sued for specific performance with a price reduction based on the shortfall, and the trial court reduced the price by multiplying $142.58 by the actual 203.17 acres; Warrick appealed.
IssueFree
Whether, if property is sold at a specific lot size but is in fact smaller than agreed upon, a court may, at the option of the purchaser, award specific performance with a reduction of the sale price.