Kenworthy v. Bolin

The plaintiffs appeal the trial court's judgment dismissing plaintiffs' complaint and granting judgment on the defendants' counterclaim for the balance due on a promissory note, plus interest and statutory attorney fees. We affirm, but modify the judgment.

In May 1974 the plaintiffs Kenworthy purchased a mobile home from the defendant, Ted Bolin; the purchase price was $13,273. A down payment was made by the Kenworthys executing an interest bearing promissory note for $3,739.40 to Bolin; at the same time, the parties entered into a sale agreement for the balance of the purchase price. This…