McIntire v. Orr ( 1992 )

JOHNSON, Justice,

concurring specially.

I concur in the Court’s opinion and write only to point out the substantial and competent evidence upon which I rely as supporting the trial court’s finding that upon execution of the exchange agreement, the parties treated the houses in Washington as if owned by Mclntire.

Nellie Orr testified that after she signed the assignment of the contract and deed of trust relating to the Washington houses, Mclntire and her partner wanted to know if Orr would keep the houses rented and send them the rent money. Orr said she would not. Mclntire’s partner then wanted to know if there was a real estate company in the area where the houses were that handled renting properties. Orr said she was sure there were and that Mclntire’s partner could contact them.

Orr also said that she made no further efforts to generate income from the houses.