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LAMONT v. EVJEN

No. 13077.

508 P.2d 532 (1973)

29 Utah 2d 266

James H. LAMONT and Lotte Lamont, his wife, Plaintiffs and Appellants, v. Ivar Th. EVJEN and Aslaugh S. Evjen, his wife, Defendants and Respondents.

Supreme Court of Utah.

April 5, 1973.

Attorney(s) appearing for the Case

Morgan, Scalley, Lunt & Kesler, Grant S. Kesler, Robert S. Howell, Salt Lake City, for plaintiffs and appellants.

James A. McIntyre, Salt Lake City, for defendants and respondents.

ELLETT, Justice:

This is an appeal from a judgment rendered in favor of the defendants in an action to foreclose a uniform real estate contract by treating it as a mortgage pursuant to paragraph 16(c), which reads:

In the event of a failure to comply with the terms hereof by the Buyer, or upon failure of the Buyer to make any payment or payments when the same shall become due, or within thirty days thereafter, the Seller, at his option shall have the following...

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