Krasselt v. Koester

McFADDEN, Justice.

This is an appeal from a judgment dismissing with prejudice plaintiffs-appellants’ action to quiet title to premises held under a grazing lease. At the conclusion of plaintiffs-appellants’ proof, the trial court concluded that the lease was void for lack of consideration and dismissed the case. The judgment is reversed and the cause remanded.

The evidence introduced at trial establishes that in 1969, defendant-respondent Robert P. Koester offered to sell his cattle to appellants, three brothers, who could only accept the offer by financing the purchase, which required them to…