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VAN ZYVERDEN v. FARRAR

Nos. 9945, 9946.

15 Utah 2d 367 (1964)

393 P.2d 468

LEO VAN ZYVERDEN AND SYTSKE VAN ZYVERDEN, HIS WIFE, PLAINTIFFS, RESPONDENTS, AND CROSS-APPELLANTS, v. RALPH W. FARRAR AND HELEN R. FARRAR, HIS WIFE, DEFENDANTS, AND SEAGULL INVESTMENT COMPANY, DEFENDANT AND APPELLANT. SEAGULL INVESTMENT COMPANY, PLAINTIFF AND APPELLANT, v. LEO VAN ZYVERDEN AND SYTSKE VAN ZYVERDEN, HIS WIFE, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

June 22, 1964.

Attorney(s) appearing for the Case

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

George M. McMillan, Salt Lake City, for respondents.

McDONOUGH, Justice.

This action centers around a real estate contract between Van Zyverdens as buyers, and Seagull Investment Company, assignees of the sellers. The Van Zyverdens commenced an action on December 1, 1961, against Seagull and its assignors, Farrars, claiming breach of contract. The following month, on January 16, 1962, Seagull brought a separate action aaginst Van Zyverdens claiming forfeiture of the contract, alleging unlawful detainer and seeking possession...

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