Green River Valley Foundation, Inc. v. Foster

Plaintiff, the purchaser under a real-estate earnest money receipt, appeals from a judgment denying specific performance of the contract. Defendants Foster are the vendors in that agreement who contend that they properly rescinded the contract by reason of plaintiff’s failure to timely pay the earnest money.

Plaintiff assigns error to the admission of oral testimony which allegedly varies the terms of the written agreement; to the trial court’s finding that a promissory note was not taken by the vendors as earnest money; and, on the basis of these asserted errors, to the holding that failure…