Hedges v. Hurd

(dissenting)—I am unable to agree with the majority in holding that there was a sufficient meeting *690of the minds of the parties to create a contract which could be the subject of an action for damages for its breach.

The earnest-money receipt and agreement which the parties signed included, in addition to the provisions described in the majority opinion, this sentence:

“The property is to be conveyed by contract for warranty deed, free of encumbrances except: Subject to mortgage hereinabove referred to.”

(The italicized words were inserted by typewriter in the printed form.)

This instrument shows…