This section contains the nature of the case and procedural background.

Clevenger (P) owned a building. She was approached by Peay, who asked her if she would trade her building for another building owned by Simmons. P executed a deed to her building in favor of Simmons, with the understanding that Peay would hold the deed until she inspected Simmons's building and approved the transaction. It was understood that if she did not approve the transaction, the deed would be returned to her. P never inspected Simmons's building, nor approved the transaction. Her deed was not returned to her. P's tenant vacated the building, and P went away for about a month. When she returned, Simmons had recorded her deed and conveyed the property to Moore (D). The lower court dismissed P's action.

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