Kroepsch

Defendant, Ethel Muma (hereafter Muma), appeals from an adverse judgment in an action for declaratory relief, contending that: 1) the evidence does not support the findings; 2) plaintiff, Alfred Kroepsch (hereafter Kroepsch), had no legal cause of action against her; and 3) even if so, his action is barred by the statute of limitations. We have concluded that there is no merit to any of these contentions.

The facts favorable to the judgment are as follows: by a deposit receipt dated February 2, 1959, Muma agreed to sell the Narrows Lodge resort with all of its equipment, licenses and supplies to Mr. and Mrs. Trayler, for $87,500, with a down payment of $20,000, and the balance in monthly installments of $500. Thereafter, some difficulties arose with the transfer of the liquor license to the Traylers. Accordingly, with the knowledge and consent of Muma, Mrs. Trayler’s father and stepmother, the Powells, were substituted as buyers for the Traylers. All of the final documents for the transfer of the Narrows Lodge, including the escrow instructions, as well as the promissory note and deed of trust, dated March 13, 1959, were executed in the names of the Powells and Muma.

After the…