(Download) "Rodney W. Tew and Noma C. Tew v. Elwood" by Supreme Court of Idaho No. 10543 ~ Book PDF Kindle ePub Free
eBook details
- Title: Rodney W. Tew and Noma C. Tew v. Elwood
- Author : Supreme Court of Idaho No. 10543
- Release Date : January 09, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This action arises out of an alleged breach by Elwood Manwaring, respondent, of a contract to purchase a house from Robert
and Noma Tew, appellants. From a finding by the district court that no binding contract existed, Mr. and Mrs. Tew have appealed
to this court. On November 7, 1963, the Tews, Manwaring, and Mr. and Mrs. Elwin Loveland entered into a written real estate exchange contract
drawn by Manwaring, as the real estate broker, under which the Lovelands would purchase the Tews' home and sell to the Tews
their home, and Manwaring would then purchase the Loveland home from the Tews for cash. In the contract it was agreed that
the value of the Tew home was $17,800, and the value of the Loveland home was $15,000. Since there was a mortgage of $11,000
against the Loveland home and no mortgage against the Tew home, the Lovelands agreed to take out a loan and pay appellants
$13,800 in cash plus the deed to the mortgaged Loveland home in exchange for the Tew home. The exchange of deeds was subsequently
accomplished with the Lovelands taking out a "Conventional Loan" on the Tew property and paying Tews $13,800 in cash. Tews
then became the owners of the Loveland home on Clifford Street. Although Mrs. Tew's signature on the contract was never acknowledged,
her signature on the deed conveying the Tew property to the Lovelands was acknowledged.