Mays v. Davis

TROUT, Chief Justice.

This is an appeal from a judgment in favor of respondents, DeWitt Davis (Davis) and Pewan Mehra (Mehra), in a breach of contract action. We vacate the district court’s decision and remand the case to the district court for proceedings in accordance with this opinion.

I

BACKGROUND

Robert Mays (Mays), Davis, and Mehra entered into a written partnership agreement. Pursuant to the agreement, Mays would convey to the partnership a lot he owned which was valued at $25,000, and Davis and Mehra would finance and construct a house on the lot. Davis and Mehra were to contribute up to…