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Southern (D) represented to Saxby (P) that he owned Winslow farm and that it could not be purchased for less than $8,000. D did not own the farm but had only an option to purchase it. The real owners were anxious to sell and would have sold it for $4,000. P also claims that D represented the farm to contain at least 150 acres of pine timber, of which about 20 acres had been burned over; whereas, there was about 120 acres in timber, of which about 60 acres had been burned over. P also alleged that D stated the timber, when cut into cordwood, would readily sell at the local stations on the railroad for $4.00 per cord; whereas, it could be sold only for a much smaller price; and that the land was specially adapted to potato culture, and would by the use of fertilizer yield one hundred bushels of potatoes to the acre; whereas, by actual experiment the land failed to produce anything like that yield by the use of fertilizers. P sued for misrepresentation. D's demurrer was sustained; D's statement was opinion and not subject to suit. P appealed.

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