Gehringer v. Real Estate-Land Title & Trust Co.

Dissenting Opinion by

Mr. Justice Maxey :

In my judgment, the majority opinion omits a vital fact, to wit, that the $26,000 certified check which was delivered by Mrs. Hodge, the purchaser, was made payable not to Mrs. Gehringer, the seller, but to the title company, the insurer of the title. With this fact present, the majority’s conclusion rests upon an unsound premise, namely, that the seller “acquiesced in the variation of the contract” to demand the cash from, the buyer. She did not acquiesce in the variation of the contract to demand from the buyer the cash. If the check was made payable…