Soderberg v. Verdos

Opinion by

Mr. Justice Moore.

We refer to plaintiffs in error as defendants, and to defendant in error as plaintiff.

Plaintiff’s complaint sought judgment upon a promissory note given by defendants as part payment for the purchase of 2,480 acres of land in Elbert and Douglas Counties. The land was being purchased by defendants for subdivision purposes. The purchase contract provided for the payment of $87,000 as a down payment and also provided for the balance to be paid by note and trust deed with certain partial release rights to be given to the purchasers. At the time of closing, on March 23,…