KIAHTIPES v. MILLS

No. 15998.

599 P.2d 508 (1979)

Nick KIAHTIPES, Dino Kiahtipes, and Angelo Kiahtipes, Plaintiffs and Appellants, v. Marius Henry MILLS and Maxine Mills, Defendants and Respondents.

Supreme Court of Utah.

August 20, 1979.


Attorney(s) appearing for the Case

Reed L. Martineau and A. Dennis Norton of Snow, Christensen & Martineau, Craig S. Cook, Salt Lake City, for plaintiffs and appellants.

E.J. Skeen of Skeen & Skeen, Salt Lake City, for defendants and respondents.


MAUGHAN, Justice:

Before us is a summary judgment rendered in favor of defendants. We reverse and remand for trial. No costs awarded.

On the 10th day of May, 1977, defendants (hereafter Mills), as Sellers; and plaintiffs (hereafter Kiahtipes), as Buyers; entered into a contract for the sale and purchase of two parcels of real property, together with certain water rights. The portion of that contract which gives rise to this lawsuit is paragraph 3.

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