Elliott

Early in the month of July, 1920, as a result of oral negotiations between W. J. Conner and Arthur F. Levitt regarding the sale of certain real property, the latter, in an attempt to create an escrow agreement between him and Conner, deposited certain instructions with the Title Insurance & Trust Company. No action having been taken thereon by Conner, either by way of written acceptance or by filing independent instructions with the Title Company, on August 24, 1920, Levitt canceled the instructions which had theretofore been given by him. Two days later—that is, on August 26, 1920—a conference was held between Levitt, Conner, and J. Moores Jones, as a result of which, and on the same day, Levitt gave new instructions to the Title Company, which were followed four days later by Conner’s instructions to the same company. Pending the negotiations between Levitt and Conner, it appears that Conner had taken physical possession of a part of the property and had erected some temporary structures thereon which were used by Conner in making some moving pictures. At the conference on August 26, 1920, it was orally agreed between Levitt and Conner (and to which Jones assented) that Conner…