Cutbirth v. Snowden

MeGILL, Justice.

’. il respectfully dissent from, the majority opinion and disposition of this case. It is quite apparent, I think, that the agreement of January 17, 1951, is executory in its nature and does not purport .to convey any present interest in the property described in the royalty deed. It is true that the agreement does provide that if title is good as reflected by the abstracts the buyer shall accept the deed, which shall he delivered to him and the draft shall be delivered to seller, and that such delivery should be made if defects be cured as provided, and that should defects be…