Sun Oil Company v. Behring Properties, Inc.

GODBOLD, Circuit Judge:

This suit arose out of a proposed but abortive sale of Florida real estate to Sun Oil for a filling station site. Behring, the owner, executed and delivered to Sun a proposed agreement of sale on Sun’s form, to be sent to Sun’s home office for its approval and execution. Before Sun had acted Behring conveyed by warranty deed to Ahrenholz for a lesser consideration than it was to receive from Sun.1 The deed recited: “The foregoing land is conveyed subject to that certain Agreement of Sale dated the- day of -, 1969 between the Grantor herein and Sun Oil Company.”

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