Watts v. England

Hart, J.,

(after stating the facts). It has been well said that there may be a sale of land, an agreement to sell land, and what is generally called an option. An actual transfer of title from the grantor to the grantee by 'deed, or other instrument in writing, is an executed contract. ' A contract to be performed in the future, which, if fulfilled, results in a sale, is an executory contract. In other words, an agreement to sell is preliminary to a sale, and is' not the sale itself. It'may be réseind'ed- by agreement between the parties, and the contemplated sale may never take place.

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