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Pioneer Granite Company conveyed its property to D when a new corporation was formed. The actual deed was prepared, but the names left blank. The officers' names were apparently unknown to the scrivener, who left blank places in the acknowledgment for their insertion. When it came time to execute the deed, the president of Pioneer was not present and P, who was vice president, executed the deed which indicated that P was the president. P sued to stop the transfer contending that the deed was void. P appealed an adverse ruling.

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