Fellmer v. Gruber

LeGRAND, Justice.

This appeal involves a dispute over the right to insurance proceeds. The case was tried as an equitable action, and the trial court entered judgment for plaintiffs in the amount of $2,750.00. Plaintiffs appeal, and we reverse.

We set out briefly the background facts upon which this dispute depends. On May 14, 1974, defendant, Merrill B. Gruber, sold approximately 14 acres of real estate to John E. Fellmer and Dennis L. Saak under contract. The total purchase price was $24,000.00, of which $3,000.00 was to be paid down. The balance was to be paid in installments over a period…