Rushing v. Mayfield Co.

FUNDERBURK, Justice.

S. P. Rushing- and J. C. Falvey by thisl suit sought to recover of Mayfield Company damages for the alleged breach of a writ-' ten contract, dated October 3, 1930. Thej contract purported to obligate the defendant, upon prescribed ’conditions, to deliver to plaintiffs, through an escrow agent, a certain mineral lease; and obligated plaintiffs, upon stated conditions, to pay as consideration therefor the sum of $19,000. The lease was executed (except as to delivery), and in accordance with the pro-, visions of the contract was deposited in escrow in Citizens National Bank…