American Title Company v. Smith

COLEMAN, Justice.

This is a suit for specific performance of a contract to convey real estate. Relief was denied in a trial to the court without a jury.

Powell, a licensed real estate broker, prepared a contract for the sale of certain real estate owned by appellees. He presented this instrument to appellant who executed the original and several copies on November 29, 1966. Appellant also placed certain funds in escrow as earnest money. Powell then took the prepared contract to Albert L. Smith. Smith struck out of the instrument a provision requiring the seller to furnish the purchaser a policy…