BARBER v. CALDER

No. 13572.

522 P.2d 700 (1974)

H. Lawrence BARBER and Dorothy L. Barber, his wife, Plaintiffs and Respondents, v. Robert V. CALDER and Helen B. Calder, his wife, Defendants and Appellants.

Supreme Court of Utah.

May 21, 1974.


Attorney(s) appearing for the Case

George W. Preston, Preston, Harris, Harris & Preston, Logan, for defendants and appellants.

Don E. Olsen, Beaslin, Nygaard, Coke & Vincent, Salt Lake City, for plaintiffs and respondents.


CROCKETT, Justice:

Defendants seek reversal of the order of the district court refusing to set aside a default judgment entered against them for specific performance of a contract to convey to the plaintiffs a small tract of real property along the west shore of Bear Lake in Rich County. Their contention is that the court abused its discretion in refusing to vacate the judgment and allow them a hearing on the merits.

The action was commenced January 18, 1973...

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