Kilzer v. Binstock

SAND, Justice.

This is an appeal from an order denying a motion for a new trial. Ralph Kilzer brought an action against Anton and Mildred Binstock to require them to comply with an option agreement entered into between Kilzer and Binstock and to require the Binstocks to give immediate possession of certain real property to Kilzer, and for damages resulting from the loss of rent as a result of the failure to perform in accordance with the option agreement.

After a bench trial, the court issued its order for judgment dated 21 October 1982 directing judgment to be entered in favor of Kilzer. A…