Wheatley v. Drennen

Grieein Smith, Chief Justice.

The question is whether the obligation of a written contract to sell real property was discharged by substitution; and (a) if the answer is that it was not, what is payable to compensate damage?

On the 24th of June, 1944, Mrs. C. T. Drennen acknowledged in writing that she had received $500 “as a deposit and binder” on designated property, including furniture. The balance of $6,250 was payable when an examination of the abstract should show good title, at which time the deed was to be executed.

Mrs. Drennen had been away from Hot Springs for quite a while. Upon…