Clevenger v. Moore

Clevenger (plaintiff) placed a deed to her property in escrow with Peay pending her inspection and approval of a proposed property swap with Simmons, but never actually approved the trade after inspecting the other building. Simmons nevertheless obtained and recorded the deed without her approval, then executed a second deed conveying the property to Moore (defendant). Clevenger sued to recover the property and rescind both deeds; the trial court dismissed her complaint for failure to state a claim.