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HARVEY v. SANDERS

No. 13731.

534 P.2d 905 (1975)

Clyde E. HARVEY and Merilyn P. Harvey, his wife, Plaintiffs, v. Owen L. SANDERS et al., Defendants. Kenneth E. COOMBS et al., Third-Party Plaintiffs and Appellants, v. Albert W. HORMAN, dba A. Horman & Company, Third-Party Defendant and Respondent.

Supreme Court of Utah.

April 15, 1975.

Attorney(s) appearing for the Case

Ralph J. Marsh, Backman, Backman & Clark, Salt Lake City, for appellants.

Arthur H. Nielsen, Nielsen, Conder, Hansen, & Henriod, Salt Lake City, for respondent.

CROCKETT, Justice:

In March 1968, Harvey, assignee of seller's rights in a uniform real estate contract (herein called contract "A") convering a subdivision development property in West Jordan, Salt Lake County, commenced foreclosure against Intermountain Capital Corporation, assignee of buyer's rights in said contract. Also involved here is a similar second sales contract (contract "B") on the same property, by which Intermountain had become obligated to convey title...

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