No. 16944.

632 P.2d 815 (1981)

Clyde HUTCHESON, Plaintiff and Appellant, v. Larry GLEAVE, Patricia Gleave, Deloy Shaw and Helen Shaw, Defendants and Respondents.

Supreme Court of Utah.

June 17, 1981.

Attorney(s) appearing for the Case

Tex R. Olsen, Richfield, for plaintiff and appellant.

K.L. McIff, Richfield, for defendants and respondents.

HALL, Justice:

Plaintiff, as purchaser, brought this action seeking rescission of a contract to purchase the "Elbow Ranch," situated in Piute County, Utah, and to recover the sum of $40,000 paid toward the purchase price.

The trial court, sitting without a jury, determined that plaintiff was the breaching party, he having failed to comply with the payment provisions of the contract. Thereupon, the court dismissed plaintiff's complaint and awarded defendants...

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