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JUDKINS v. TOONE

No. 12444.

492 P.2d 980 (1972)

27 Utah 2d 17

Joseph C. JUDKINS and Bonnie H. Judkins, Plaintiffs and Respondents, v. James W. TOONE et al., Defendants and Appellants.

Supreme Court of Utah.

January 13, 1972.

Attorney(s) appearing for the Case

Marlin K. Jensen, of Froerer, Horowitz, Parker, Richards, Thornley & Critchlow, Ogden, for defendants and appellants.

Pete N. Vlahos, of Vlahos & Gale, Ogden, for plaintiffs and respondents.

CROCKETT, Justice:

Plaintiffs Judkins sued the defendant James W. Toone and others, seeking specific performance of an earnest money agreement by which plaintiffs sought to purchase a home at 2416 Combe Road in Weber County. On the basis of the pleadings, answers to interrogatories, and documentary evidence the trial court granted the plaintiffs' motion for summary judgment. Defendants appeal, contending that there are disputes on issues of fact material to a determination...

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