Wallace v. Build, Inc.

McDonough, justice.

Plaintiffs sued to foreclose a real estate mortgage. Defendant set up as a defense breach of a separate contract and counterclaimed for specific performance. Plaintiffs prevailed and defendant appeals.

In February, 1962, Keith C. Wallace (herein referred to as Wallace) and Richard J. Stromness, President and functioning officer of defendant Build, Inc. (herein for convenience both referred to as Stromness) transacted the following:(1) Wallace deeded by quit-claim all of his interest, but what was only a partial interest, in property known as the Bonnie Brae Apartments at 32…