Evans v. George

This action was brought to recover money paid on a contract made with defendants, as agents for one Hvnes, supposed to be the owner, for the sale to plaintiff of a certain tract of land. The contract was in writing, was signed by defendants, as agents, and contained this clause, “ we to procure for him said deed within a reasonable time, or refund the sum now paid.” That sum was §250. The agreement contained the further provision, “Sale made subject to ratification of owner.” Hynes lived in Vermont, and when applied to for that purpose refused to ratify the contract.

Afterwards defendants made…