McDowell

This is an appeal by the plaintiff from a judgment in favor of the above-named defendants who had signed .a proposed agreement for exchange, reading as follows:

The acceptance reads as follows:

It will be noted that Maria A. Griebnow (now Brown) and Theresa S. Griebnow did not sign the agreement and the evidence shows that they refused to sign or concur in said exchange in any manner and that plaintiff was aware of their interest in the property. The acceptance of S. R. Clark was clearly an agreement for all of the Willis and Griebnow properties, and not simply for the interest of J. WilMs and Frances W. Griebnow therein, and without the signatures of Maria A. Griebnow (now Brown) and Theresa S. Griebnow plaintiff knew that he could not complete the deal, and the acceptor, S. R. Clark, knew that McDowell, the plaintiff, did not have complete authority.

The evidence further shows that Frances W. Griebnow paid plaintiff two hundred dollars and that J. Willis gave a check to plaintiff for three hundred dollars, which were, by oral agreement, to be returned if the deal did not go through.

It was held by the judge of the superior court that the agreement set out above never became…