Nevada Land & Mortgage Co. v. Hidden Wells Ranch, Inc.

OPINION

By the Court,

Batjer, J.:

This is an appeal taken by the appellant from an order granting summary judgment. Appellant (defendant below) assigns as error the trial court’s refusal to properly apply NRS 40.430, its misinterpretation and misapplication of the ruling in McMillan v. United Mortgage Company, 82 Nev. 117, 412 P.2d 604 (1966), and its failure to recognize the essential difference in consequence between a sale under a deed of trust and a sale upon judicial foreclosure.

In January 1964 the appellant and the respondent (plaintiff below) entered into an agreement whereby the…