Oman v. Yates

Soule, J. † —

On May 9, 1964, George Rheims, Annette Suppa Oman, and John and Noelene Sunday, husband and wife, entered into an unusual tripartite earnest money agreement which was prepared by the then attorney for Mrs. Oman, the plaintiff-appellant herein.

By its terms, the defendants Sunday, as sellers, agreed to convey a house to Mrs. Oman, designated as purchaser, for the sum of $37,500. Rheims signed the agreement as “guarantor” because he was the person who was to make the payment. No consideration moved from Mrs. Oman to either Rheims or the Sundays.

The earnest money agreement provided,…