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GROW v. MARWICK DEVELOPMENT, INC.

No. 16675.

621 P.2d 1249 (1980)

David S. GROW, Plaintiff and Appellant, v. MARWICK DEVELOPMENT, INC., a corporation; Daniel R. Southwick; Sterling Martell, et al., Defendants and Respondents, and Boardwalk Development Corporation, Defendant, Intervenor and Respondent.

Supreme Court of Utah.

December 10, 1980.

Attorney(s) appearing for the Case

Keith C. Rooker and Neal B. Christensen of Martineau, Rooker, Larsen & Kimball, Salt Lake City, for plaintiff and appellant.

Ronald R. Stanger, Provo, for defendants and respondents.

David R. Olson, Stewart M. Hanson, Jr., Suitter, Axland & Armstrong, Salt Lake City, for Boardwalk Development Corp. and Phoenix Development.

WILKINSON, District Judge:

Appellant appeals from a summary judgment which declared that the respondents had not forfeited their interest under a uniform real estate contract.

The basic facts which are applicable in this case and do not appear to be in dispute are as follows:

1. That on the 18th day of October, 1977, the appellant David S. Grow as seller and respondents Marwick Development, Inc., a corporation; Daniel R. Southwick and Sterling Martell...

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