Wendling v. Cundall

THOMAS, Justice.

Wendling presents for decision the question of whether the Cundalls used utmost good faith in selling real property earlier acquired from Wendling. In the Agreement for Exchange of Real Estate pursuant to which the Cundalls acquired the property, Wendling agreed that in the event the Cundalls sold the property within three years for an amount less than $60,000 he would pay them the difference between the sales price and $60,000. The contract further provided that the Cundalls should use utmost good faith in selling the property at its fair market value and should notify…