Schofield v. Spencer

BUDGE, J.,

Dissenting. — In April, 1920, appellant entered into negotiations with respondent Williams, one of the executors of the estate of John Sharp, Sr., deceased, for the purchase of certain land situated in Owyhee county. An oral agreement was reached, under the terms of which appellant was to pay $4,000 for the land and water rights, and in June, 1920, appellant paid to Williams $1,000 cash on the purchase price and thereafter signed three notes for $1,000 each, payable to respondents Williams and Sharp in one, two and three years from date.

The parties later executed an escrow…