H.B. Dameron sold land through his real estate agent, R.A. Ezzell. The contract for the exchange of real estate stated "that the witness would have ten days within which to inspect the property, but that on account of severe storms, he was unable to make said inspection." "He accepted the contract in full without inspection, and a notation of this acceptance was signed by him on the contract." Sometime later, when the property was examined it was found to be "not what it was represented to be."