Goodwin v. Eller

On motion of both parties hereto in the district court for a summary judgment, such judgment was entered in favor of defendants in error against plaintiff in error in an unlawful detainer action. The correctness of that judgment is now challenged.

The Ellers, owners of property involved, gave Goodwin a lease thereto on March 28, 1950. Subsequently, negotiations between the parties for the sale and pur*460chase of the property, resulted in a meeting at an attorney’s office and a deed was drawn, executed and acknowledged by the Ellers, which was a conveyance to Goodwin. This deed was not delivered…