Miscione v. Bishop

OPINION

HATHAWAY, Chief Judge.

This is an appeal from the denial of a motion for new trial after a trial involving the incorrect execution of a promissory note.

In 1972, appellants (the Misciones) agreed to sell an unimproved lot to appellees (the Bishops). The Bishops agreed to pay $3,000 down and to give a mortgage securing a promissory note in which they would be obligated to pay the remaining purchase price as follows: One-tenth of the principal plus 7% interest per year, with the right to prepay without penalty. Unknown to the Misciones, the real estate agent prepared the note. It stated:

“.…