Fortman v. Manthey

VOGEL, Justice.

This is an action on behalf of grandparents against grandsons. The question is whether payments made by the grandsons to the grandparents were for rent of land or payments on the purchase price. We affirm the judgment in favor of the grandparents, holding that the payments were rent. The grandparents are therefore entitled to possession, without the necessity of canceling a land contract which is claimed by the grandsons to exist.

The grandparents entered into an escrow agreement providing for the sale and conveyance by deed of approximately 160 acres of real estate to the…