PERCIVAL v. COOPER

No. 13548.

525 P.2d 41 (1974)

Gerald PERCIVAL and Leonara Kay Percival, Plaintiffs and Respondents, v. Floyd W. COOPER and Anne Cooper, his wife, Defendants and Appellants.

Supreme Court of Utah.

July 31, 1974.


Attorney(s) appearing for the Case

F. Briton McConkie, of Kirton, McConkie, Boyer & Boyle, Salt Lake City, for defendants and appellants.

George H. Searle, Salt Lake City, for plaintiffs and respondents.


ELLETT, Justice:

Plaintiffs sued defendants, asking that defendants be ordered to specifically perform and to convey by warranty deed a one-half acre of land. Plaintiffs did not ask for rescission or for damages.1

Defendants had advertised for sale one-half acre. Plaintiffs paid $1,000 as earnest money and received a receipt indicating that the money was on one-half acre building lot. Before the earnest money was paid, the land...

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