Sale in Gross Law and Legal Definition

A sale in gross is a sale without regard to the quantity. It is a contract of hazard. In a sale of a tract of land there is no guarantee as to the exact amount or size of land involved in the sale.

The rule for determining what is a sale in gross reads as follows: "If the vendor by his written contract agrees to convey, or by his deed does convey, for a specified price a tract of land described by metes and bounds or otherwise with the words added 'containing a specified number of acres,' this on the face of such contract or deed is a contract not by the acre but in gross and without any implied warranty of the quantity. And if in addition to the exact specification of the quantity of the land the contract or deed on its face shows, that the price to be paid for the land is a multiple of the number of acres specified, this would render the deed ambiguous, as to whether it was a contract in gross or by the acre”. [Newman v. Kay, 57 W. Va. 98, 103 (W. Va. 1905)]