BERGSTROM v. MOORE

No. 18656.

677 P.2d 1123 (1984)

Thomas J. BERGSTROM, Plaintiff and Respondent, v. Ray G. MOORE and Bonnie Moore, Defendants and Appellants, v. MT. VIEW TITLE & ESCROW CO., INC., a Utah Corporation, Third-Party Defendant.

Supreme Court of Utah.

February 2, 1984.


Attorney(s) appearing for the Case

Craig Adamson, Salt Lake City, for defendants and appellants.

Michael F. Olmstead, Ogden, for plaintiff and respondent.

Richard K. Spratley, Bountiful, for third party defendant.


DURHAM, Justice.

The appellants seek reversal of an order granting summary judgment to the respondent in his action for rescission of a Uniform Real Estate Contract. The issue is whether appellants' failure to except certain easements from the property description in the warranty deed, placed in escrow pursuant to the Uniform Real Estate Contract, gave respondent the right to rescind as a matter of law. We affirm.

The following material facts were established...

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