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ROMERO v. SCHMIDT

No. 9922.

15 Utah 2d 300 (1964)

392 P.2d 37

LESTER RALPH ROMERO AND MAXINE ROMERO, HIS WIFE, PLAINTIFFS AND APPELLANTS, v. VICTOR SCHMIDT AND RAE SCHMIDT, HIS WIFE, TOM B. WILCOX, ET UX., AND ART CASEY, ET UX., DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

May 15, 1964.

Attorney(s) appearing for the Case

Ronald C. Barker, Salt Lake City, for appellants.

Kirton & Bettilyon, L. Brent Hoggan, Salt Lake City, for respondents.

McDONOUGH, Justice:

This is an action to foreclose a real estate contract as a note and mortgage.

Romero and Schmidt entered into a uniform real estate contract for the purchase and sale of a home in Salt Lake City. For 13 months Schmidt made prompt regular payments to Romero, and in September, 1962, assigned his interest to Wilcox, who desired the home for resale. Wilcox found a buyer, Casey, to whom he desired to make the assignment; but to do so he needed...

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