CALLISTER, Justice:
Appellant, Midvale Motors, commenced this action on a uniform real estate contract alleging the default thereof by respondents, as the vendees. Midvale Motors in its complaint sought two inconsistent remedies, either of which was provided under the terms of the contract, i.e., recovery of the delinquent monthly payments or cancellation of the contract with an order of the court declaring a forfeiture and returning possession to the vendor.
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