CENTURY 21 ALL WESTERN REAL ESTATE v. WEBB

No. 17325.

645 P.2d 52 (1982)

CENTURY 21 ALL WESTERN REAL ESTATE AND INVESTMENT INC., a Utah corporation; Thomas C. Stubbs, Broker; Tom Stubbs and Ron Eisele, Plaintiffs and Appellants, v. Walter Reed WEBB and Kathleen Bruckman Webb, Defendants and Respondents.

Supreme Court of Utah.

March 23, 1982.


Attorney(s) appearing for the Case

Thomas W. Seiler of Grow, Watson & Seiler, Orem, for plaintiffs and appellants.

Paul J. Merrill, Spanish Fork, for defendants and respondents.


OAKS, Justice:

This is a suit by a broker and buyers against the seller for specific performance, damages, and attorney's fees for the seller's refusal to proceed with the sale of her home pursuant to an "Earnest Money Receipt and Offer to Purchase" agreement signed by the parties. After a bench trial, the district court dismissed the plaintiffs' suit on the grounds that the signed agreement was invalid (1) for lack of consideration, (2) for the plaintiff buyers'...

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