FISCHER v. JOHNSON

No. 13530.

525 P.2d 45 (1974)

Carl E. FISCHER, Jr., and Lillian Fischer, his wife, Plaintiffs and Respondents, v. Lester H. JOHNSON and Mary Johnson, his wife, Defendants and Appellants.

Supreme Court of Utah.

August 6, 1974.


Attorney(s) appearing for the Case

F. Robert Bayle, of Bayle & Lauchnor, Albert J. Colton, of Fabian & Clendenin, Salt Lake City, for defendants and appellants.

James P. Cowley and Gary L. Paxton, of Pugsley, Hayes, Watkiss, Campbell & Cowley, Salt Lake City, for plaintiffs and respondents.


CROCKETT, Justice:

Plaintiffs sued to compel specific performance by the defendants of an earnest money agreement executed in anticipation of entering into a contract of purchase of the defendants' restaurant, known as Quail Run, in southeast Salt Lake County, together with a residence and surrounding property. The defense interposed was that the plaintiffs had not themselves complied with their covenants under the agreement. Upon a trial to the court, findings and...

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