KIRKHAM v. SPENCER

No. 8291.

3 Utah 2d 399 (1955)

285 P.2d 127

THOMAS F. KIRKHAM, ADMINISTRATOR OF THE ESTATE OF WILLIAM KIRKHAM, DECEASED, PLAINTIFF AND RESPONDENT, v. ORIEN A. SPENCER AND VIOLA SPENCER, HIS WIFE, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

June 27, 1955.


Attorney(s) appearing for the Case

Sandgren, Howard & Frazier, Provo, for appellant.

Harvard R. Hinton, Lehi, Glenn M. Acomb, Salt Lake City, for respondent.


WORTHEN, Justice.

Appeal from a judgment by the court sitting without a jury in an action for unlawful detainer. Plaintiff's decedent sold the premises to defendants under a written contract requiring monthly payments of $65 per month or more, commencing February 1, 1952, together with interest at 5 per cent per annum upon the unpaid balance.

Defendants answered alleging payment of the monthly installments to August, 1953, and on August 21, 1953, the sum of...

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