Waldorf v. Elliott

On January 7, 1956, the plaintiff and his wife and the defendant and his wife contracted for the exchange of their properties. The plaintiff was to receive defendant’s lands in Idaho; the defendant was to receive plaintiff’s land in Oregon. The written contract contained no reference to the grain tanks in question. Subsequent to the making of the contract and during the period in which defendant was permitted by contract to stay on the Idaho land, he sold five metal grain tanks located on the land he had sold to the plaintiff, and the purchasers thereof removed them from the land. Plaintiff,…