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HURWITZ v. DAVID K. RICHARDS & COMPANY

No. 10956.

20 Utah 2d 232 (1968)

436 P.2d 794

MADELINE B. HURWITZ AND BERNICE B. LITTLEFIELD, PLAINTIFFS AND RESPONDENTS, v. DAVID K. RICHARDS COMPANY, FORMERLY LAND INVESTMENTS, DEFENDANT AND APPELLANT, ELEANOR H. BLACKBURN, DEFENDANT AND RESPONDENT, AND WALKER BANK & TRUST COMPANY, DEFENDANT.

Supreme Court of Utah.

January 24, 1968.

Attorney(s) appearing for the Case

Strong & Hanni, and David K. Winder, Salt Lake City, for plaintiffs-respondents.

E.L. Schoenhals, Salt Lake City, for defendant-respondent Eleanor H. Blackburn.

Cannon, Greene, Piercey, Nebeker & Horsley and DeLyle H. Condie, Salt Lake City, for defendant-appellant David K. Richards Co.

Kent B. Linebaugh and Ray, Rawlings, Jones and Henderson, Salt Lake City, for defendant Walker Bank and Trust Co.

ELLETT, Justice:

On November 8, 1960, Eleanor Blackburn and her husband, as sellers, and the predecessor of David K. Richards & Company, a corporation, as buyer, entered into a written contract for the sale of 4.11 acres of land for the sum of $38,000.00, payable $1,000.00 at the time of executing the agreement, $4,000.00 on or before February 1, 1961, and $5,500.00 on or before the first day of February of each succeeding year until the balance was paid in full...

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