(Download) "Mcdonald v. Journey" by New Mexico Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Mcdonald v. Journey
- Author : New Mexico Court of Appeals
- Release Date : January 16, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Plaintiffs and defendant signed a written instrument, purporting to be an option or agreement, for the purchase and sale of real estate, on August 23, 1967. Plaintiffs simultaneously delivered a $1,000.00 check to defendant, who also acted as escrow agent. The writing granted plaintiffs "an option to purchase for a period of (90) days or until the outcome of any action" taken by defendant to oust the tenants. The tenants were not evicted until June 15, 1968. On April 28, 1968 plaintiffs told defendant that since they could not get possession, they were not going to exercise their option and demanded the return of the $1,000.00. Defendant cashed the escrow check on May 2, 1968 and refused to return the proceeds. Plaintiffs filed suit for return of the $1,000.00 and the trial court granted plaintiffs prayer for relief.