CHILD v. HAYWARD

No. 10199.

16 Utah 2d 351 (1965)

400 P.2d 758

HENRY CHILD, PLAINTIFF AND APPELLANT, v. COY J. HAYWARD AND ALDIN O. HAYWARD, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

April 13, 1965.


Attorney(s) appearing for the Case

Lorin N. Pace, Salt Lake City, for appellant.

K. Roger Bean, Layton, John H. Allen, Salt Lake City, for respondents.


CROCKETT, Justice.

Henry Child, plaintiff-seller, sues Coy and Aldin Hayward, defendant-buyers, for rescission of a real estate contract, or in the alternative for damages, on the ground that defendants breached a covenant therein to convey a portion (a 45 x 122-foot strip) of the land in question to plaintiff's adult son, Eugene Child.

Upon trial to the court without a jury, at the close of plaintiff's evidence, the court granted defendant's motion to dismiss...

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