Vogt v. Brady

Per Curiam,

This is a suit to recover the balance alleged to be due on a sale of real estate. A contract, dated September 15, 1930, was made between James J. Brady and W. J. Yogt, agent for an undisclosed owner. It contained a clause, “It is understood that this sale is made subject to the written approval of the owner, which must be obtained within two days.”

The statement does not allege that such approval was had, but that the defendant handed his check for $500 to W. J. Vogt, agent, and the latter delivered the check to the plaintiff, his wife who was the owner, and who endorsed it and…