Earven v. Smith

OPINION

HATHAWAY, Chief Judge.

Appellees, M. P. and Mary Alice Earven (Earven) instituted this action against appellants Eldon L. and Vera C. Smith (Smith) to recover an amount due under a promissory note given as part of a land sales agreement. Later, the appellees amended their complaint to allege a cause of action against the escrow holder, Trans-america Title, and to seek rescission of the land sales agreement with Smith. Earven also sought recovery for an alleged conversion of his cattle by Smith. Following a judgment rescinding both the land and cattle sales agreements, Smith appeals.

Early…