Stanton v. Driffkorn

Fawcett, O.

On August 18, 1904, defendants executed and delivered to one F. A. Schmalle, a contract for the sale of the lands in controversy, and at the same time, and as a part of the same transaction, executed and delivered to Schmalle a bill of sale for certain articles of personal property. Subsequently, and prior to September 15, 1904, Schmalle assigned both the contract and bill of sale to plaintiffs. As á matter of fact, Schmallé had no interest in the transaction, but simply acted as a dummy for the plaintiff's, receiving a fee of $10 for his services. The contract called for the…