Carrigg v. Fackrell

Plaintiff sellers brought this suit for strict foreclosure of a land sale contract, alleging inter alia that defendants failed to pay the balance of the purchase price when due. Plaintiffs appeal from the trial court’s decree in favor of defendants. We reverse and remand.

In December, 1971, plaintiffs and defendants Dale and Mary Fackrell and Ralf and Patricia Erlandson entered into a contract for the sale of certain real property by plaintiffs to those defendants (original purchasers). The contract provided that the original purchasers were to pay the $140,000 deferred portion of the purchase…