Misdescription Law and Legal Definition

Misdescription refers to an inaccurate physical or legal description of property, in a contract for sale. Such a description usually misleads the other party. When a seller cannot transmit property which corresponds to the description in the contract, a breach of contract occurs. Consequently, the buyer gets a right to damages.

When there is a substantial misdescription, the seller will be unable to enforce the contract against the buyer. However, when there is an innocent misdescription, which is not substantial, the contract may be enforced by the seller. However, such contracts may be subject to a suitable reduction in the contractually agreed price.

When a judgment is stated incorrectly, the judgment is termed as misdescribed. Such misdescription can not be considered a mere clerical mistake. [Binion v. Seals, 82 Tex. 397, 398-399 (Tex. 1891)]. However, an appeal will not be dismissed because of a misdescription of the judgment or order to which it relates, unless it appears that the respondent has been misled by such misdescription. [Deward v. La Rue, 235 Cal. App. 2d 59, 62 (Cal. Ct. App. 1965)]