McMichael v. Crawford

The opinion of the court was delivered by

Mason, J.:

On January 4, 1915, a member of a firm of real-estate agents, with whom a section of land had been listed by the owner, entered into a written contract with J. A, McMichael for its salé to him for $7,000, which he agreed to pay. By the literal terms of the contract, Crawford, described as “agent,” thereby sold the land to McMichael, but the agreement was expressly made subject to the will and consent of the owner,’ and this and other provisions showed clearly that an actual sale — a present passing of title — was not in contemplation. Shortly…