First v. Carver

RYDER, Judge.

On January 15, 1980, appellees bought a ten acre parcel of land from appellants by warranty deed. Appellees gave appellants a check for $100,000.00 and a mortgage on the property for $80,000.00. Paragraph 9 of the mortgage provided that the mortgagees agreed to release from the lien of the note and mortgage any of the lots in the proposed subdivision of said lands upon the payment to them of an amount of $2,500.00 for each lot.

After providing some releases, appellants refused to sign additional releases. On July 28, 1983, appellees paid the full remaining balance together with…