ALLEN v. KINGDON

No. 18290.

723 P.2d 394 (1986)

L. Lynn ALLEN and Merle Allen, Plaintiffs and Respondents, v. Thomas M. KINGDON and Joan O. Kingdon, Defendants and Appellants.

Supreme Court of Utah.

July 29, 1986.


Attorney(s) appearing for the Case

H. James Clegg, Scott Daniels, Salt Lake City, for defendants and appellants.

Boyd M. Fullmer, Salt Lake City, for plaintiffs and respondents.


HOWE, Justice:

The plaintiffs Allen (buyers) brought this action for the return of all money they had paid on an earnest money agreement to purchase residential real estate. The defendants Kingdon (sellers) appeal the trial court's judgment that the agreement had been rescinded by the parties and that the buyers were entitled to a full refund.

On February 12, 1978, the buyers entered into an earnest money agreement...

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