Smith v. Melson, Inc.

OPINION

HATHAWAY, Judge.

The issue in this appeal is the proper interpretation of a contract for the purchase of realty.

Appellants (the Smiths) negotiated to buy a ranch from Lazy V-P Ranches, Inc. About 600 acres of this ranch was the subject of negotiations for a land exchange between Lazy V-P and the state land department. The Smiths were told of this proposed exchange but offered to buy the ranch nevertheless. The sale was dealt with in two separate agreements. The first was for the purchase of the bulk of the ranch and is not in dispute. The second, labeled “Range and Pasturing Agreement,”…