WARNER v. RASMUSSEN

No. 19079.

704 P.2d 559 (1985)

John D. WARNER, aka John D. Warner and Leora Larene Warner, his wife, Plaintiffs and Appellants, v. Robert J. RASMUSSEN and Kathy Lee Rasmussen, his wife, Defendant and Respondents.

Supreme Court of Utah.

August 2, 1985.


Attorney(s) appearing for the Case

George M. McCune, Salt Lake City, for plaintiffs and appellants.

Gary L. Chrystler, Provo, for defendants and respondents.


HALL, Chief Justice:

The Warners (buyers), defaulting buyers under a uniform real estate contract, appeal a judgment dismissing their action to recover a portion of their payments on the contract which the Rasmussens (sellers) retained under a forfeiture clause. Buyers challenge both the legal and factual bases of the trial court's determination of actual damages caused by buyers' breach. They contend the amount they paid on the contract was far greater than sellers...

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