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KIER v. CONDRACK

No. 11994.

478 P.2d 327 (1970)

25 Utah 2d 139

James KIER, Plaintiff and Respondent, v. Andrew O. CONDRACK and Delma M. Condrack, his wife, Defendants and Appellants.

Supreme Court of Utah.

December 8, 1970.

Attorney(s) appearing for the Case

Alsup & Stark, LaVar E. Stark, Ogden, for appellants.

McKay & Burton, Wilford M. Burton, Alan D. Frandsen, Salt Lake City, for respondent.

CROCKETT, Chief Justice.

Plaintiff James Kier sued for specific performance of a contract to purchase the home property of the defendants Condrack at about 4900 South on the west side of Washington Boulevard in Ogden, Utah. The defense relied upon at the trial, and persisted in on this appeal, is that the option was unenforceable because it was (a) given without consideration, (b) not properly exercised, and (c) not definite...

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