WALKER v. C.C. BINTZ AND SHAW, INC.

No. 8224.

3 Utah 2d 162 (1955)

280 P.2d 767

FRED WALKER, PLAINTIFF AND RESPONDENT, v. C.C. BINTZ AND SHAW, INC., DEFENDANT AND APPELLANT.

Supreme Court of Utah.

March 9, 1955.


Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for appellant.

Brant H. Wall, Salt Lake City, for respondent.


HENRIOD, Justice.

Appeal from a judgment for alleged contract breach. Reversed. Costs to appellant.

On May 13 the parties executed an earnest money agreement, which recited terms of amount and time of payment, and required defendant to "furnish good and marketable title to date (italics furnished), or at seller's option a policy of title insurance * * * and to make final conveyance by warranty deed." Plaintiff's contention is that such language required...

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