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SCHWINGHAMMER v. ALEXANDER

No. 11066.

446 P.2d 414 (1968)

21 Utah 2d 418

Donald M. SCHWINGHAMMER and Catherine Schwinghammer, Plaintiffs and Respondents, v. Kenneth P. ALEXANDER, Defendant, Prudential Federal Savings & Loan Association, Defendant and Appellant.

Supreme Court of Utah.

October 28, 1968.

Attorney(s) appearing for the Case

Harold R. Boyer, of Romney & Boyer, John B. Anderson, Salt Lake City, for defendant-appellant.

David R. Bowen, Salt Lake City, for plaintiffs-respondents.

CALLISTER, Justice:

Plaintiffs commenced this action for damages for defective and incomplete construction of their home against the contractor-seller, Alexander, and the mortgagee, Prudential. The trial court determined in the second cause of action that plaintiffs were third-party beneficiaries of an escrow agreement between Prudential and Alexander and awarded judgment to the plaintiffs. Prudential appeals.

In January 1965 plaintiffs executed an earnest...

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