WALLACE v. BUILD, INC.

No. 10140.

16 Utah 2d 401 (1965)

402 P.2d 699

KEITH C. WALLACE AND ADA B. WALLACE, HIS WIFE, PLAINTIFFS AND RESPONDENTS, v. BUILD, INC., A UTAH CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

June 9, 1965.


Attorney(s) appearing for the Case

Horace J. Knowlton, Salt Lake City, for appellant.

Kirton & Bettilyon, Salt Lake City, for respondents.


McDONOUGH, Justice.

Plaintiffs sued to foreclose a real estate mortgage. Defendant set up as a defense breach of a separate contract and counter-claimed for specific performance. Plaintiffs prevailed and defendant appeals.

In February, 1962, Keith C. Wallace (herein referred to as Wallace) and Richard J. Stromness, President and functioning officer of defendant Build, Inc. (herein for convenience both referred to as Stromness) transacted the following:

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