Duffin v. Patrick

The opinion of the court was delivered by

Harman, C.:

This is an action for damages for breach of contract for sale of real estate. Trial to the court resulted in judgment for the defendant-purchaser from which the plaintiffs-sellers have appealed.

Appellants assert several procedural errors; however, in view of our ultimate disposition of the appeal upon issues of substantive law mention will be made of but two procedural matters.

After a somewhat tortured course in district court, contributed to largely by counsel no longer in the case, the action was heard on the merits and submitted to the…