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MADSEN v. ANDERSON

No. 18228.

667 P.2d 44 (1983)

Dale M. MADSEN and Bobby G. Madsen, et ux., Plaintiffs and Respondents, v. Christian A. ANDERSON and Linda P. Anderson, et ux., Defendants and Appellants.

Supreme Court of Utah.

June 30, 1983.

Attorney(s) appearing for the Case

Glen M. Richman and Dennis L. Wright, Salt Lake City, for defendants and appellants.

Heber Grant Ivins, American Fork, for plaintiffs and respondents.

STEWART, Justice:

This is an appeal from a judgment enforcing a forfeiture clause in a Utah uniform real estate contract. The trial court ruled that the forfeiture clause was triggered by the buyers' failure to reimburse the sellers for their payment of property taxes on the subject real estate. We reverse.

In 1975 defendants Christian and Linda Anderson (the buyers) executed a uniform real estate contract for the purchase of a home and lot in Alpine, Utah...

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