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DOWDING v. LAND FUNDING LIMITED

No. 14392.

555 P.2d 957 (1976)

Ray DOWDING, Plaintiff and Appellant, v. LAND FUNDING LIMITED and Imperial Realty Company, Defendants and Respondents.

Supreme Court of Utah.

October 6, 1976.

Attorney(s) appearing for the Case

David B. Boyce of Backman, Clark & Marsh, Salt Lake City, for plaintiff and appellant.

Jon C. Heaton, Salt Lake City, for Land Funding, Ltd.

E.H. Fankhauser of Cotro-Manes, Warr, Fankhauser & Beasley, Salt Lake City, for Imperial Realty.

HENRIOD, Chief Justice:

Appeal from a judgment granting a motion to dismiss an action arising out of an "Earnest Money" dispute. Affirmed with costs to defendants.

Dowding's agent, Imperial, prepared an Earnest Money Certificate, calling for $200 down payment, which was paid to Dowding's real estate agent, and "$4,800 when Seller approves the sale." The Seller did not receive the $4,800 under any concluded contract or otherwise, principally for several reasons...

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