Fain v. Nelson

We are concerned, on this appeal, with claims made by the purchasers of a substantially completed business property against the seller. To quote the trial court:

“. . . the plaintiff Fain had built a building for himself and before it was entirely completed he sold it to the defendants Nelson. ...”

(We shall hereafter refer to the defendant John J. Nelson as though he was the only purchaser.)

The price was $60,000, and the real estate contract, executed July 15, 1957, provided: for a down payment of $12,-500, the assumption by the purchaser of certain obligations totalling $14,757.64, and a…