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TIBBITTS v. OPENSHAW

No. 10512.

18 Utah 2d 442 (1967)

425 P.2d 160

MARION E. TIBBITTS, AND ROSE WHEELWRIGHT TIBBITTS, PLAINTIFFS AND RESPONDENTS, v. RHUEL O. OPENSHAW AND DARLENE O. OPENSHAW, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

March 16, 1967.

Attorney(s) appearing for the Case

Paul M. Hansen, Ogden, for appellants.

George B. Handy, Ogden, for respondents.

CALLISTER, Justice:

Respondents (Tibbitts) and appellants (Openshaw) entered into a real estate contract wherein the former agreed to sell and the latter agreed to buy certain real property located in Riverdale City, Utah. The purchase price was $45,000, payable in specified installments. Appellants paid all but approximately $4,400 and respondents — treating the contract as a note and mortgage — brought this action. Respondents were successful in securing...

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