Shultz v. Pinson

The opinion of the court was delivered by

Doster, C. J.:

George Shultz orally agreed with Benjamin P. Pinson to buy town lots of the latter, and as part payment therefor to deliver a promissory note executed by other persons, of which note he was the owner. In pursuance of the agreement Pinson signed and acknowledged a deed to the lots, but left it with the notary public before whom the acknowl*39edgment was taken to await the completion of an abstract of title which he had agreed to furnish. A building situated upon the lots having been blown down by a cyclone, Shultz refused to consummate the…