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Contracts Keyed to Marshall
Kunzman v. Thorsen
Citation:
740 P.2d 754 (1987)Facts
In 1977, plaintiffs sold property to David McNabb. In the same year, McNabb assigned all of his right, title and interest in the property to defendants, with the approval of plaintiffs. After that date, McNabb was no longer involved. After the assignment, defendants took possession of the property and exercised exclusive control over it. They alone made payments to plaintiffs under the land sale contract. Pursuant to the terms of the contract, they paid for and received lot releases for certain parcels, which they then sold. In 1979, defendants’ attorney threatened plaintiffs with legal action if they did not release deeds to certain parcels in accordance with the contract’s lot release provisions. In 1984, defendants defaulted and plaintiffs accelerated the contract balance and commenced this action.
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