Section 44-5-35. Apportionment of price for deficiency in number of acres; rescission

   In a sale of lands, if the purchase is per acre, a deficiency in the number of acres may be apportioned in the price. If the sale is by the tract or the entire body, a deficiency in the quantity sold cannot be apportioned. If the sale is by a quantity of acres with the qualification "more or less" added, any deficiency is not apportionable unless the deficiency is so great as to constitute a willful deception or mistake amounting to fraud. In this event, the purchaser may demand a rescission of the sale or an apportionment of the purchase price.

Orig. Code 1863, § 2598; Code 1868, § 2600; Code 1873, § 2642; Code 1882, § 2642; Civil Code 1895, § 3542; Civil Code 1910, § 4122; Code 1933, § 29-201; Ga. L. 1983, p. 3, § 33.