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ENCE v. JOHNSON

No. 14375.

551 P.2d 228 (1976)

Floyd ENCE, Plaintiff and Respondent, v. Franklin D. JOHNSON and Glendon E. Johnson, Defendants and Appellants.

Supreme Court of Utah.

June 10, 1976.

Attorney(s) appearing for the Case

Stanford Stoddard Smith, Irvine, Smith & Mabey, Salt Lake City, for defendants and appellants.

Michael D. Hughes, St. George, for plaintiff and respondent.

ELLETT, Justice:

The court entered a summary judgment in favor of the plaintiff and against the defendants for the sum of $15,000 plus interest and costs and for attorney's fee in the amount of $1,000. The defendants did not file an affidavit prior to the granting of the judgment.

The parties signed an agreement whereby the defendants promised to deed 7½ acres of land to the plaintiff if the city of Ivins would...

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