VILLENEUVE v. SCHAMANEK

No. 17343.

639 P.2d 214 (1981)

Ron J. VILLENEUVE and Beverly Villeneuve, Plaintiffs and Respondents, v. Philip D. SCHAMANEK and Gail Schamanek, Defendants and Appellants.

Supreme Court of Utah.

December 31, 1981.


Attorney(s) appearing for the Case

Stephen B. Mitchell, Salt Lake City, for plaintiffs and respondents.

Gary A. Frank, Murray, for Schamanek.


PER CURIAM:

This is an appeal from a summary judgment ordering foreclosure of a mortgage based on an election by the plaintiffs (sellers) under a Uniform Real Estate Contract to treat it as such, following delinquency in payments due and owing by the defendant. The defendant was an assignee of the buyers, named Brown, who had executed the contract to purchase.

Defendant's sole point on appeal is that there was an issue of fact that precluded the summary judgment...

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