MORE OR Lpss. Words, in a convey ance of' lands or contract to convey lands, importing that the quantity is uncertain and not warranted, and that no right of either party under the contract shall 'he affected by a deficiency or excess in the quantity. 17 Ves. Ch. 394 ; Powell, Pow. 397. So in con tracts of sale generally. 2 Barnew. & Ad. 106.
2. In case of an executory contract, equity -will enforce specific performance without •changing the price, if the excess or deficiency is very small, 17 Ves. Ch. 394 ; Powell, Pow. 397 ; 24 Miss. 597 ; 13 Tex. 223 ; but not if the cacess or deficiency is great, even though -the price rese,rved be per acre. In 2 Barnets.. & Ad. 106, it was held that an excess of fifty quarters over three hundred quarters of 'grain was not covered by the words " three hundred more or less," 'if it was not shown that so large an excess was in contemplation. 1 Esp. 229. But a deed adding vvords more or 'less to description of the property is not a sufficient fulfilment of a contract fp convey 'the described property, when more or less was not in such original contract, if there is •an actual deficiency. But after such a con
veyance is made and a note given for the .purchasenuoney,'the note cannot be defended against on ground of deficiency. 2 Penn. St. z533 ; 9 Serg. & R. Penn. 80 ; 13 id. 143 ; 10 Johns. N. Y. 297 ; 4 Mass. 414.
3. In citt,e of an execisted contract, equity will not disturb it, unless there be a great deficiency, 2 Russ. Ch. 570 ; 1 Pet. C. C. 49, or excess, 8 Paige, Ch. N. Y. 312 ; 2 Johns. N. Y. 37 ; Ow. 133 ; 1 Yes. & B. Ch. Ir. 375, or actual misrepresentation withcut fraud, and there be a material excess or deficiency. 14 N. Y. 143.
Eighty-five feet, more or less, means eighty five feet, unless the deed or situation of the land in some way controls it. 20 Pick. Mass. 62.
The words more or less will not cover a distinct lot. 24 Mo. 574. See CONSTRUC TION.