Feldhut v. Brummitt

*128The opinion of the court was delivered by

Dawson, J.:

This case arose over a land trade. The plaintiff, John H. Feldhut, who owned a ranch in Clark county, made a bargain to exchange it for a large tract of Finney county land belonging to the defendant, John W. Brummitt. The lands- were to be free and clear of all incumbrances except specified mortgages. The real-estate agent who negotiated the deal was selected as the depositary of the deeds of both properties, the deeds to. be delivered when the titles were approved. Feldhut employed a Garden City lawyer to examine the titles to the lands…