CARLSON v. HAMILTON

No. 8634.

8 Utah 2d 272 (1958)

332 P.2d 989

LaMAR H. CARLSON AND BETTY M. CARLSON, HIS WIFE, PLAINTIFFS AND RESPONDENTS, v. W.L. HAMILTON AND ESTELLA HAMILTON, HIS WIFE, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

December 19, 1958.


Attorney(s) appearing for the Case

Paul J. Merrill, Spanish Fork, John S. McAllister, Mt. Pleasant, for appellants.

Richard C. Dibblee, Salt Lake City, for respondents.


HENRIOD, Justice.

Appeal from a judgment for money paid by plaintiff buyers to defendant sellers under a real estate contract which the former breached. Reversed. Costs to defendants.

The subject of the contract was a farm with a home situate thereon. The sale price was $22,000, with $1,000 annual instalments, the purchasers to pay the taxes also. Such payments were met the first year, but plaintiffs failed to make payments the second year, notifying defendants...

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