Russell v. Walz

GARRARD, Judge.

This appeal results from an action brought to recover $20,000 paid as earnest money under an agreement to purchase a farm in Allen County.

On June 25, 1981 Mildred Russell entered into a real estate purchase agreement with the seven adult children of Anton J. Walz. The agreement was for the purchase of a »ninety-acre farm on Coldwater Road in Al-Ten County. The farm is referred to herein as the Coldwater Farm. Anton J. Walz and his wife Josephine Walz acquired the land in 1959. Josephine died in 1960, leaving Anton the sole titleholder to Coldwater Farm. In 1973 Anton J. Walz…