Contract for Sale of Land: Deficiency in Area Despite No Warranty Clause

A plaintiff, having contracted to purchase land, filed suit against the seller for rescission of the sale and damages after discovering significant differences between the actual surface area and the area specified in the deed, despite the deed containing a standard clause stating the sale was made with no warranty as to the exact extent of the property. The court rejected the appeal, reasoning that when a sale is concluded by reference to the exact measurements of the property, the buyer is entitled to relief for any deficiency exceeding one-twentieth of the stated area, even if the deed includes a clause limiting warranty against shortages, because the specific contractual stipulation regarding the area overrides the general limiting clause.