David v. Powder Mountain Ranch

SMITH, Judge.

Defendant, Powder Mountain Ranch (Ranch) seeks reversal of a directed verdict in favor of plaintiff, John David (David), quieting title to certain real property in David’s name. We reverse and remand for a new trial.

In 1956, Erwine H. Stewart entered into an agreement with W.R. “Dick” Lloyd whereby he agreed to convey certain lands to Lloyd in return for yearly payments of a fixed sum until Stewart died or the payments totalled $150,000, whichever occurred first. Deeds were accordingly executed and delivered. In 1968, an attorney, one Nelson, prepared an “Amendment to Agreement”…