McKinley

Plaintiffs sued defendants for breach of a contract to purchase real property known as " Chimney Rock Ranch,” and personal property and appurtenances thereon; damage alleged included a contingent liability of a broker’s commission. Affirmative defenses consisted of allegations of defendants’ inability to read or understand the English language and fraud and misrepresentation on the part of plaintiffs and the broker. Subsequent to the filing of the above action, Harry Heron, the listing real estate broker, sued plaintiffs McKinley (Heron v. McKinley et al.) for a commission for having effected the sale to defendants herein. The two cases were consolidated for trial. Judgment in favor of plaintiff for $12,500 was entered in the Heron case; no appeal is taken therefrom. Judgment in favor of plaintiffs (McKinley) for $15,830 was entered in the within action from which defendants Lagae appeal.

Appellants raise the following issues: Whether the deposit receipt and escrow instructions are sufficiently certain to constitute a valid contract for the sale of land and the personal property and appurtenances thereon; whether plaintiffs must and did prove their ability to perform under the…