Miller v. Marysville Development Co.

Johnsen, J.†

This is an action by vendors of real estate against their purchasers to recover upon a purchase money note and mortgage. The purchasers have cross claimed for the return of their note and mortgage and the down payment. The trial court dismissed the claim of the vendors and. granted the purchasers relief. The vendors appeal.

*591There is little conflict as to the facts of this case as determined by the trial court. Respondents made an offer to purchase the subject property, which offer came in the form of a signed earnest money receipt and agreement. The agreement was partly printed and…