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eBook details

• Title: Robert J. Erisman and Darlyne L. Erisman
• Author : Supreme Court Of Utah
• Release Date : January 06, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

HENRIOD, Justice. Appeal from a judgment in favor of defendant on her counterclaim in a suit in which plaintiffs sued for amounts due under a contract of sale of real estate, claiming also attorney's fees and treble damages for unlawful detainer. Reversed, with costs to plaintiffs. On August 25, 1956, plaintiffs listed a house and lot for sale with Utah Mortgage Loan Company, for which company defendant worked, the listing card indicating the property was connected with the Logan City sewer. Plaintiffs thought it was when they purchased the property from their predecessors. Defendant relied on this information on the card, but an Earnest Money agreement signed by her on March 16, 1957, did not contain any such information or representation in a box provided therefor. On March 20, 1957, the parties signed an Escrow Agreement, plaintiffs agreeing to sell and defendant to buy the property for $6,100 payable $500 down and $50.74 per month. Payments, including the August, 1958, payment, were made mostly on time but occasionally late. After August, 1958, defendant made no payments whatever.

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