MORE OR LESS. Words, in a conveyance of lands or contract to convey lands, import ing that the quantity is uncertain and not warranted, and that no right of either party under the contract shall be affected by a deficiency or excess in the quantity. 17 Ves. 394. So in contracts of sale generally ; 2 B. & Ad. 106. These words added to a specifica tion of quantity in a conveyance show it to be a mere estimate, and by necessary infer ence subordinates the quantity to fixed calls or monuments; Borkenhagen v. Vianden, 82 Wis. 206, 5z N. W. 260.
In case of an executory contract, equity will enforce specific performance without changing the price, if the excess or de ficiency is very small; 17 Ves. 394 ; Phipps v. Tarpley, 24 Miss. 597 ; Lawrence v. Simon ton, 13 Tex. 223; but not if the excess or deficiency is great, even though the price reserved be per acre. In 2 B. & 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. See Libby v. Dickey, 85 Me. 362, 27 Atl. 253. But a deed adding the words more or less to a description of the property is not a sufficient fulfilment of a contract to convey the described property, when more or less was not in such original contract, if there is an actual deficiency. But after such a conveyance is made and a note given for the purchase-money, the note cannot be de fended against on the ground of deficiency ; Houghtaling v. Lewis, 10 Johns. (N. Y.) 297.
These words more or less have been held to cover a deficiency of 10 acres where the deed called for 96 acres; Faure v. Martin, 7 N. Y. 210, 57 Am. Dec. 515 ; a deficiency of 54 acres a deed calling for 451 acres; King v. Brown, 54 Ind. 368; 50 feet from• 220, where the true dimension was on record, in a purchase in gross ; Noble v. Googins, 99 Mass. 231.
In case of an executed contract, equity will not disturb it, unless there be a great de ficiency ; 2 Russ. 570 ; Thomas v. Perry, 1 Pet. C. C. 49, Fed. Cas. No. 13,908 ; or ex cess ; Mann v. Pearson, 2 Johns. (N. Y.) 37; 1 V. & B. 375 ; or actual misrepresentation without fraud, and there be a material ex cess or deficiency ; Belknap v. Sealey, 14 N. Y. 143, 67 Am. Dec. 120 ; see 11 Q. B. Div. 255.
Eighty-five feet, more or less, means eigh ty-five feet, unless the deed or situation of the land in some way controls it ; Blaney v. Rice, 20 Pick. (Mass.) 62, 32 Am. Dec. 204. The words more or less will not cover a distinct lot ; McCune v. Hull, 24 Mo. 574. See CONSTRUCTION; ABOUT.
The purchaser is not precluded by a re cital of "more or less" in the deed from showing by parol evidence, under an allega tion of fraud or mistake, an agreement con temporaneous with the execution of the deed, making the transaction a sale by the acre ; Franco-Texan Land Co. v. Simpson, 1 Tex. Civ. App. 600, 20 S. W. 953. See BY ESTI MATION.