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HALL v. FITZGERALD

No. 18371.

671 P.2d 224 (1983)

Calvin N. HALL and Rita M. Hall, Plaintiffs and Respondents, v. Perry C. FITZGERALD, et al., Defendants and Appellants.

Supreme Court of Utah.

October 7, 1983.

Attorney(s) appearing for the Case

Robert B. Hansen, Salt Lake City, for defendants and appellants.

Lambertus Jansen, Con Kostopulos, Richard A. Rappaport, Salt Lake City, for plaintiffs and respondents.

OAKS, Justice:

This is a suit by vendors against purchasers to foreclose a real estate contract. The principal issue is the meaning of paragraph 16C of the uniform real estate contract, which entitles the vendors to treat a defaulted contract as a note and mortgage and proceed to foreclosure. The district court gave summary judgment for the vendors, and the purchasers appeal, arguing (1) that there was a genuine issue of material fact, and (2) that the vendors were...

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