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FRANDSEN v. GERSTNER

No. 12134.

487 P.2d 697 (1971)

26 Utah 2d 180

Alan D. FRANDSEN, Plaintiff and Respondent, v. Gene GERSTNER and Zelda Gerstner, his wife, Defendants, Third-Party Plaintiffs and Appellants, v. MT. OLYMPUS REALTY, INC., a Utah corporation, Third-Party Defendant and Respondent.

Supreme Court of Utah.

July 19, 1971.

Attorney(s) appearing for the Case

Gifford W. Price, and J. Thomas Greene, of Cannon, Greene & Nebeker, Salt Lake City, for appellants.

Alan H. Bishop, Salt Lake City, for Alan D. Frandsen.

James P. Cowley and Robert D. Maack, Salt Lake City, for Mt. Olympus Realty Co.

CALLISTER, Chief Justice:

Plaintiff was awarded a decree of specific performance in accordance with an earnest money receipt and offer to purchase which he had executed as a written offer to Gene and Zelda Gerstner, the owners of the Millcreek Inn, a restaurant. Defendants pleaded a counterclaim and a third-party claim against Mt. Olympus Realty Company, which in turn pleaded a counterclaim against the Gerstners for a real estate commission. At the conclusion of the...

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