Kielmann v. Mogan

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This appeal is taken from the district court’s action in grant ing a motion to dismiss plaintiff’s complaint as being without merit in fact or law.

On October 24, 1966, plaintiff Fred Kielmann entered into a contract for deed with the defendants Alex B. Mogan and John W. Mogan. During the contract period the deed to the property was to be in the hands of an escrow agent, defendant First Security Bank of Glasgow, for delivery “when Buyer shall have performed all terms hereof on his part to be performed.”

No separate escrow document…