Riling v. Idell

Opinion by

Mk. Justice Sadler,

Defendants entered into a contract for the sale of certain real estate with Taylor & Company, real estate agents, representing a principal undisclosed at the time of the signing of the agreement, but later made known as James Aucamp. By the terms it was extended to and “made binding upon the heirs, executors and assigns of the parties.” The consideration was fixed at $16,500, of which amount $1,000 was paid at the time of signing, with the stipulation that if the vendee should “fail to make settlement as hereinbefore provided, the sum or sums paid on account shall…