Prather v. Loyd

SMITH, Justice.

Respondents brought this action for recovery on a promissory note of $750.00 executed by appellants in favor of respondent Wylie A. Prather.

The note was given October 19, 1959, by appellants upon their signing an instrument entitled “receipt and agreement to purchase,” in which the names of respondent Ben L. Martin and Leelia J. Martin appear as sellers. This note represented a $750.00 earnest money payment under the earnest money agreement and was intended to be in part payment of the purchase price of property situate in Boise, Ada County, Idaho, and described in the…