Kackley v. Burtrum

CROW, Presiding Judge.

Plaintiffs, Leon Kackley and Mary Kack-ley, 1 sued Defendant, Norma Burtrum, praying for enforcement of an alleged contract wherein Defendant agreed to sell a parcel of real estate (on which a house is situated) to Plaintiffs. Defendant counterclaimed, seeking ejectment of Plaintiffs from the subject property, together with a monetary award for the fair rental value of the property during the time Plaintiffs occupied it.

The trial court heard the ease without a jury. Plaintiffs produced no written contract, but presented evidence of an oral contract wherein (a) Defendant…