PEARCE v. SHURTZ

No. 7634.

2 Utah 2d 124 (1954)

270 P.2d 442

PEARCE v. SHURTZ ET AL.

Supreme Court of Utah.

Dissenting Opinion May 4, 1954.


Attorney(s) appearing for the Case

H. Hartland Halliday, Fred L. Finlinson, Salt Lake City, for appellants.

Rawlings, Wallace, Black, Roberts & Black, Salt Lake City, for respondent.


McDONOUGH, Justice.

Ivan Call sold a ranch to Frank Lewellen giving him a bond for deed and taking in return a promissory note executed by Lewellen. These items were placed in escrow. The bond for deed recited the terms of the agreement and contained a forfeiture clause effective 60 days after Lewellen's failure to comply with certain terms. This forfeiture clause expressly provided that upon default the buyer at seller's election became at once a tenant at will of...

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