Bowen v. Heth

WINMILL, Judge, Pro Tem.

This is an appeal from a certified, partial summary judgment ordering the release of funds held in escrow. For reasons explained below, we affirm.

Alfred Bowen and Cheryl Bowen own real property located in Coeur d’Alene, adjacent to the Spokane River, and commonly known as the Harbor Center. In early 1987, David Heth made inquiries about purchasing the property, but determined that before making an offer he would require time to further investigate the property *453and its development potential. Concerned that the property might be sold to a third party after he had…