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BENNETT v. WHITE

No. 9633.

14 Utah 2d 92 (1963)

377 P.2d 1004

ELBERT G. BENNETT AND MARJORIE C. BENNETT, HIS WIFE, PLAINTIFFS AND APPELLANTS, v. ARNOLD DEE WHITE AND ERMA M. WHITE, HIS WIFE, AND GENERAL INVESTMENT CORPORATION, A CORPORATION, DEFENDANTS AND RESPONDENTS. GENERAL INVESTMENT CORPORATION, A UTAH CORPORATION, PLAINTIFF AND RESPONDENT, v. ELBERT G. BENNETT AND MARJORIE C. BENNETT, HIS WIFE, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

January 24, 1963.

Attorney(s) appearing for the Case

Elbert G. Bennett, pro se.

Woodrow D. White, Homer M. Jensen, Salt Lake City, for respondents.

McDONOUGH, Justice.

This is an action in equity for rescission of a construction contract on the ground of fraud.

In June of 1960, Bennetts approached White about purchasing a building lot. Mr. Bennett was at that time a recent law school graduate. Mr. White was a building contractor of some 18 years' experience. After some discussion it was agreed that White would build a home for Bennetts on one of his lots (White's) for a down payment of $2,000. Mrs. Bennett...

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