Yerton v. Bowden

TURSI, Judge.

John H., Dorothy M., and Dennis Yerton (the Yertons) appeal the trial court’s judgment awarding title to property to Frank and Jo Ellen Bowden (the Bowdens). We reverse.

The Yertons owned an undeveloped subdivision and the Bowdens purchased Lot 51. The Bowdens became dissatisfied with the progress in construction of roads and utilities by the Yertons and considered filing an action seeking rescission of the purchase contract.

Upon discussion of this possibility with the Yertons, the parties entered into an agreement to avoid the rescission litigation. The Yertons promised to…