Aronson v. Klein

Stripped of unessential details, the case presented is this:

Plaintiff, acting for himself and four others, entered into an agreement to purchase, “if a good and merchantable title can be made,” from one Clower, who promised to sell, a certain piece of real estate in Mississippi, at a certain price and on certain terms, not pertinent here.

Three days ■ later plaintiff sold to defendant his interest in the contract, taking in payment defendant’s note for $2,500, payable “at the time of act of sale.” Whereupon, in the words of the district judge, “Klein (the defendant) and his associates, coming…