Miller v. Phillips

THOMAS, J.:

Evie Louise Phillips, feme covert, entered into a written contract to sell certain of her lands to Rodney Miller, but, notwithstanding the agreement, she and her husband later advised the appellant that they would not perform. The husband did not execute the contract. For many years he had been blind and unable to sign papers except by affixing his mark. Upon occasion his wife had executed instruments for him. He was active in listing for sale the property now in controversy, and when the broker explained the contents of the contract to him and his wife he approved its provisions.…