Stauth v. Brown

The opinion of the court was delivered by

Herd, J.:

This is a breach of contract/mortgage foreclosure case. The district court granted judgment in favor of the plaintiffs and the defendants appealed. The Court of Appeals dismissed the appeal as interlocutory and we granted review. The facts are;

On January 3,1977, the appellees (“Sellers”) contracted to sell certain real estate located in Ford County to the appellants (“Buyers”) for $60,600. The property subject to the contract was identified by a preliminary plat and was described in the contract as “[l]ots 1, 2 and 3, Block 11; Rollie Dee…