Brett v. Dooley

McQUADE, Justice.

Respondents brought this action to set aside and vacate a deed which had been filed in the county recorder’s office of Nez' Perce County, State of Idaho. The trial court found the facts to be that the grantors did not intend delivery of the deed to the grantees until the purchase price had been paid, and entered a judgment declaring the deed null and void.

Fay D. and Frances White, husband and wife, sold the realty in dispute to Francis D. and Mary Astley under the terms of a certain contract. Thereafter, Francis D. and Mary Astley, husband and wife, entered into a contract to…