Johnson v. Utile

OPINION

By the Court,

Mowbray, J.:

This is a contract case arising from the sale of a 160-acre parcel of real property in Lyon County. The dispute centers about three wells located on the property.

1. The Facts.

In February 1967, Clarence Johnson and his wife, Glodean, who are the appellants, agreed to sell their property to Joe and Ann M. Utile, who are the respondents. The parties signed a “Deposit Receipt and Agreement of Sale,” which provided in pertinent part:

“. . . Seller agrees to drill 16 inch well, same area, same depth as existing irrigation well. Well to be tested, minimum 24 hours, at…