Poole v. . Scott

The plaintiffs contend the contract entered into by and between them and the defendants was a binding and enforceable one. However, it is not alleged that the contract was in writing and signed by the respective parties.

Moreover, it is the general rule that where a vendor contracts to convey lands and the buildings thereon are a material and substantial inducement for the transaction, and such buildings are destroyed by fire, if the contract is incomplete and unenforceable for any reason, the loss will fall on the vendor, and the vendee is not required to complete the contract. Warehouse Co.…