Smith v. Ballou

Opinion op the Court by

Judge McCandless

Affirming.

J. E. Smith owned a large tract of land in Wayne county which he had advertised to be sold at public auction on Nov. 26,1923, the property being fully described in the advertisement. Smith had also listed the property for sale with W. B. Denny, a real estate agent, who conducted negotiations in reference thereto with T. C. Ballou.

On the 17th day of November, 1923, Smith, Denny and Ballou executed a writing witnessing, “that for and in consideration of the ,sum of $1.00 in hand paid and $10,000.00 to be paid on or before 10 o’clock November 26,…