Devlin was the owner of a large subdivision. Parnell became interested in purchasing a lot but could not decide between Lot 40 and Lot 41. The price and fair market value of each of those two lots was $5,000. Parnell paid Devlin $5,000, which Devlin accepted, and Devlin delivered to Parnell a deed which was properly executed, complete, and ready for recording in every detail except that the space in the deed for the lot number was left blank. Devlin told Parnell to fill in either Lot 40 or Lot 41 according to his decision and then to record the deed. Parnell visited the development the next day and completely changed his mind, selecting Lot 25. He filled in Lot 25 and duly recorded the deed. The price of Lot 25 and its fair market value was $7,500.Immediately upon learning what Parnell had done, Devlin brought an appropriate action against Parnell to rescind the transaction. If Devlin loses, the most likely basis for the judgment is that
Devlin's casual business practices created his loss. the need for certainty in land title records controls. the agency implied to complete the deed cannot be restricted by the oral understanding. the recording of the deed precludes any questioning of its provisions in its recorded form.
Question: Devlin was the owner of a large subdivision. Parnell became interested in purchasing a lot but could not decide between Lot 40 and Lot 41. The price and fair market value of each of those two lots was $5,000. Parnell paid Devlin $5,000, which Devlin accepted, and Devlin delivered to Parnell a deed which was properly executed, complete, and ready for recording in every detail except that the space in the deed for the lot number was left blank. Devlin told Parnell to fill in either Lot 40 or Lot 41 according to his decision and then to record the deed. Parnell visited the development the next day and completely changed his mind, selecting Lot 25. He filled in Lot 25 and duly recorded the deed. The price of Lot 25 and its fair market value was $7,500.Immediately upon learning what Parnell had done, Devlin brought an appropriate action against Parnell to rescind the transaction. If Devlin loses, the most likely basis for the judgment is that
A. Devlin's casual business practices created his loss.
B. the need for certainty in land title records controls.
C. the agency implied to complete the deed cannot be restricted by the oral understanding.
D. the recording of the deed precludes any questioning of its provisions in its recorded form.
Answer: