Matheson v. Harris

This appeal is taken from the summary judgment granted respondents Matheson pursuant to I.R.C.P. 56. The primary issue before the district court was whether an earnest money agreement for the sale of land would support the alleged buyers’ demand for either specific performance or damages upon sellers’ refusal to convey. The lower court held that the agreement in question was too ambiguous to support any remedy sought by the counterclaim of appellants Harris and Maughan.

The agreement in question is ambiguous as to the description of the land in question, the assumption of a non-existent…