Marshall v. Bare

WALTERS, Chief Judge.

J. C. Marshall contracted to sell a lot to Duane and Diane Bare and to construct a new home on the property. The Bares took possession of the property following completion of the home. Approximately three and one-half months later, on February 15, 1979, the parties closed the transaction; the Bares paid the purchase price and received a deed to the property from Marshall. Marshall later filed suit against the Bares to collect “rent” for the period of time the Bares were in possession of the property prior to closing. The Bares counterclaimed to recover from Marshall the…