Bentzen v. H. N. Ranch, Inc.

OPINION

Plaintiffs, Lyle W. and Elizabeth M. Bentzen, brought an action against H. N. Ranch, Inc., and Edward E. Birchby for a declaratory judgment asking for a determination of the rights and liabilities under an “Agreement for Warranty Deed” 1 signed by them and by Birchby as president of the ranch. Plaintiffs asked that the instrument be adjudged to be of no force and effect and that they recover §1,000 paid to the defendants at the time of the signing. To this petition defendants filed an answer alleging both that the instrument was valid and that' defendants were estopped to deny its…