Bulliet v. Allegheny Trust Co.

Opinion by

Me. Justice Schaepee,

This action was brought against the defendant trust company on a check for $5,000 drawn by C. C. Mitchell to the order of Grove McNair which the defendant had undertaken to honor.

C. C. Mitchell was negotiating in Louisville, Ky., for the purchase of an oil property; Grove McNair was his agent in the transaction. The memorandum agreement of sale between the parties provided that Mitchell would place in the hands of N. C. Bolling & Company $5,000 in escrow in evidence of good faith that he would pay the remainder of the purchase price. The agreement' contained a…