Hill v. Shaw

(After stating the foregoing facts.) On August 19, 1937, Shaw entered into a contract with Hill, by which the former agreed to purchase from Hill a cemetery lot for $100, conditioned “upon the title being found to be good, legal, and unencumbered.” This contract recited that it was made on the part of Hill acting through his sales agent, Etheridge Sr. Hill executed a warranty deed in favor of Shaw, to be delivered to Shaw when the purchase-money was paid, which deed was placed-' with his attorney. The title to the lot, upon examination, was found to be “good, legal, and unencumbered.” It is…