Carter v. Rich

726 P.2d 1135, 111 Idaho 684, 1986 Ida. LEXIS 522
CourtIdaho Supreme Court
DecidedSeptember 25, 1986
DocketNo. 16019
StatusPublished

This text of 726 P.2d 1135 (Carter v. Rich) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carter v. Rich, 726 P.2d 1135, 111 Idaho 684, 1986 Ida. LEXIS 522 (Idaho 1986).

Opinions

SHEPARD, Justice.

This is an appeal from a judgment entered in favor of the defendants following trial of an action in which plaintiffs-purchasers alleged misrepresentation and fraud in the sale of farm lands. We affirm.

The action arose from a real estate installment purchase contract executed in 1979 between plaintiffs-appellants Carters as purchasers, and defendants-appellants Riches as sellers. Defendant-respondent Kirby was the real estate agent employed by the Riches. The property consisted of 600 acres of irrigated land in Cassia County, Idaho, and 300 acres of dry mountain range in Box Elder County, Utah. Prior to the sale, Jeffrey Rich had been farming the Cassia County land as irrigated crop land. In early 1980 the Carters entered into possession of the property and retained possession until April 13, 1983, except ten acres thereof in which the Carters retained possession until the date of the trial court’s findings of fact and conclusions of law, February 1, 1985.

The contract provided for a purchase price of $820,000.00, with yearly payments of $66,150.00 which amount was to be applied only to interest until February 28, 1986, following which the yearly payments would also apply on the principal. The contract provided that the Carters would make a down payment of $80,000.00. The Carters sold their dairy herd but only received $75,000.00. Therefore, the Carters agreed to pay an additional $10,000.00 on April 15, 1980, at which point they paid an additional $5,000.00, but never paid the final $5,000.00. In February 1981 the Carters made the first interest payment of $66,150.00, which was the last payment made under the contract. Following the 1981 payment the Carters attempted to borrow money to enter into a dairy operation on the property, but were unsuccessful. Since no additional payments had been made, the Riches gave the Carters a notice of default in March of 1982, requiring correction of the default within the 90-day grace period provided in the contract. The Carters, evidently hoping to correct the default, listed the property for sale in May of 1982, but were unsuccessful in finding a buyer.

The Carters filed the present action in June 1982, alleging false representations on the part of the Riches and Kirby as to the merchantability of the title, and that the title could not be used for the Carters’ financing purposes; that the Riches and Kirby falsely represented that the Cassia County lands included licensed water rights; that the Riches interfered with and prevented the attempts of the Carters to sell the property in 1982; that Kirby, as a licensed real estate broker, breached his duty to the Carters in concealing the status of title to the property and the status of the water rights. The Carters sought rescission of the contract and the return of [686]*686all monies paid by the Carters to the Riches, together with interest thereon, and special and punitive damages.

The Riches counterclaimed for termination of the contract, forfeiture of all sums paid by Carters, and alleged damages resulting from the default of Carters. Upon motion therefor the Court ordered possession of all the property to be returned to the Riches during the pendency of the action with the exception of ten acres upon which the house and dairy barn were located.1

Following an extensive trial the court entered findings of fact and conclusions of law denying and dismissing all claims of Carters, and granting the counterclaim of the Riches, terminating the contract, forfeiting all the Carters’ payments and quieting title to the entire property in the Riches, and awarding the Riches attorney fees.

On appeal, the Carters essentially assert that at the time of the execution of the contract they were entitled to receive marketable title to the property, that marketable title was not received at that time, that such defect prevented them from obtaining financing, and that such failure to provide marketable title was a breach of the contract by the Riches; that Kirby breached his duty as a licensed real estate broker to the Carters; and that the findings of fact and conclusions of the trial judge are not supported by the evidence.2

The Carters first assert that the Riches could not declare a forfeiture of the contract since the Riches had materially breached the contract by failing to provide marketable title. We disagree. The district court’s findings which are supported by the evidence indicate that the Riches did not represent that title to the land was merchantable as of the date of the contract, but rather informed the Carters that they, the Riches, did not then have title to all the property, but rather themselves were purchasing the property by underlying contracts, and that the legal descriptions in those contracts might require certain corrections; that title to the property could not be completely obtained by the Riches prior to 1988 because of preclusions contained in the underlying contracts; that the Carter-Rich contract provided that the property was sold subject to "boundary line disputes and discrepancies in the legal description, whether recorded or unrecorded ...” which stemmed from corrections which might be necessary in the legal descriptions of the property contained in the underlying contracts; that all necessary corrections to the legal descriptions in the underlying contracts were corrected by the Riches prior to February 4, 1982. All of those findings of the trial court are amply supported by the record, not clearly erroneous, and will not be overturned on appeal. 1.R.C.P. 52(a); Ziegler v. Ziegler, 107 Idaho 527, 691 P.2d 773 (Ct.App.1985).

The district court also held that although title to the property was not marketable at the time of the execution of the contract, the Carters were aware that the title to the property would not be obtained by the Riches prior to completion of the underlying contracts in 1988, and that the Riches would have been able to convey marketable title when required to do so under the Carter-Rich contract.

[687]*687Generally, an equitable conversion takes place when a real estate contract becomes binding on the parties. The buyer then has an interest in the property. First Sec. Bank of Idaho, Nat. Ass’n v. Rogers, 91 Idaho 654, 429 P.2d 386 (1967). Title to real property subject to an executory contract may be defective at the time of contracting. Title need only be perfected upon the completion of performance. See Jensen v. Bledsoe, 100 Idaho 84, 593 P.2d 988 (1975); Metzker v. Lowther, 69 Idaho 155, 204 P.2d 1025 (1949). Under an installment contract, the buyer is treated as the equitable owner of the property and normally would possess all the rights of ownership unless the contract provides otherwise. Rush v. Anestos, 104 Idaho 630, 661 P.2d 1229 (1983). When, however, an installment contract provides that seller will provide a title insurance policy showing marketable title free and clear from all liens and encumbrances at time of contracting or any specific time, the purchaser has a right to rely on that provision. The purchaser cannot be required “to invest further moneys into a pig in the poke.”

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Related

Jensen v. Bledsoe
593 P.2d 988 (Idaho Supreme Court, 1979)
Ayotte v. Redmon
718 P.2d 1164 (Idaho Supreme Court, 1986)
Chapman v. Haney Seed Co., Inc.
624 P.2d 408 (Idaho Supreme Court, 1981)
Rush v. Anestos
661 P.2d 1229 (Idaho Supreme Court, 1983)
Blinzler v. Andrews
519 P.2d 438 (Idaho Supreme Court, 1973)
Barnard & Son, Inc. v. Akins
708 P.2d 871 (Idaho Supreme Court, 1985)
Ellis v. Butterfield
570 P.2d 1334 (Idaho Supreme Court, 1977)
First Security Bank of Idaho, Nat. Ass'n v. Rogers
429 P.2d 386 (Idaho Supreme Court, 1967)
Ziegler v. Ziegler
691 P.2d 773 (Idaho Court of Appeals, 1985)
Pinnacle Peak Developers v. TRW Investment Corp.
631 P.2d 540 (Court of Appeals of Arizona, 1980)
Blinzler v. Andrews
485 P.2d 957 (Idaho Supreme Court, 1971)
Metzker v. Lowther
204 P.2d 1025 (Idaho Supreme Court, 1949)

Cite This Page — Counsel Stack

Bluebook (online)
726 P.2d 1135, 111 Idaho 684, 1986 Ida. LEXIS 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-rich-idaho-1986.