Sherwin v. Baxter

The opinion of the court was delivered by

Benson, J.:

This is an action to recover an advance payment made on a contract to purchase land. A demurrer to the plaintiff’s evidence was sustained and he ■appeals.

The agreement was negotiated between the appellant and an agent for the appellees who signed it for them. The evidence of the appellant tends to prove the fol*731lowing facts: The contract was signed on August 25, 1909, and left with the agent, who stated that he must send it to his principal in another place for approval before it was a complete deal. Two hundred dollars was advanced by the…