CONTINENTAL BANK & TRUST COMPANY v. STEWART

No. 8378.

4 Utah 2d 228 (1955)

291 P.2d 890

CONTINENTAL BANK AND TRUST COMPANY, A CORPORATION, PLAINTIFF AND RESPONDENT, v. R.W. STEWART, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

December 30, 1955.


Attorney(s) appearing for the Case

J. Grant Iverson, Salt Lake City, for appellant.

Harold G. Christensen, Allen M. Swan, Salt Lake City, for respondent.


CROCKETT, Justice.

Plaintiff bank recovered judgment against defendant, R.W. Stewart, under the theory that the bank was a third-party beneficiary to receive part of the purchase money Mr. Stewart had contracted to pay for the farm of A.W. Cheney. Stewart appeals.

An earnest money receipt dated November 30, 1953, by which Stewart agreed to purchase Cheney's farm located in Davis County forms the basis of the transaction in question. It recited that the total...

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