PACK v. HULL DEVELOPMENT CO., INC.

No. 18136.

667 P.2d 39 (1983)

Devar C. PACK and Carolyn Pack, Plaintiffs and Respondents, v. HULL DEVELOPMENT CO., INC., a Utah corporation, Defendant and Appellant.

Supreme Court of Utah.

June 30, 1983.


Attorney(s) appearing for the Case

Robert D. Lamoreaux, Payson, for defendant and appellant.

John G. Mulliner, El Ray F. Baird, Provo, for plaintiffs and respondents.


PER CURIAM:

On July 25, 1977, an Earnest Money Receipt and Offer to Purchase a lot was executed between the parties, which included a provision that if the purchasers, Packs, did not make payments or complete the purchase as required, the defendant, Hull, at its option could retain payments theretofore made as "liquidated and agreed" damages.

The Earnest Money agreement called for a purchase price of $17,500 at 9%, with $2,000 down and $250 per month. The...

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