finding part performance did not apply to escrow agreement for sale of land where buyer did not timely pay taxes or obtain a loan, both of which were conditions precedent to escrow agent delivering deed to buyer
How later courts described this case
- finding part performance did not apply to escrow agreement for sale of land where buyer did not timely pay taxes or obtain a loan, both of which were conditions precedent to escrow agent delivering deed to buyer
Written by the judges who cited it.
The opinion
MR. JUSTICE METCALF:
I concur in the foregoing opinion. However I adhere to the opinion expressed in my dissent in Miller v. Miller, Mont., 190 Pac. (2d) 72 as to the powers of this court in reviewing an equity case.