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CALLISTER v. MILLSTREAM ASSOCIATES, INC.

No. 860006-CA.

738 P.2d 662 (1987)

Russell D. CALLISTER and L. Rex Andersen, co-partners, doing business under the firm name and style of the Callister Company, Plaintiffs and Appellants, v. MILLSTREAM ASSOCIATES, INC., a Utah corporation, Defendant and Respondent.

Court of Appeals of Utah.

June 15, 1987.

Attorney(s) appearing for the Case

Thomas N. Crowther, Cynthia J. Crass, Salt Lake City, for defendant and respondent.

Robert C. Cummings, Gordon A. Madsen, Salt Lake City, for plaintiffs and appellants.

Before ORME, GREENWOOD and BILLINGS, JJ.

OPINION

ORME, Judge:

Plaintiffs appeal from a judgment against them in an action they commenced to recover damages for defendant's alleged breach of an agreement to buy real estate. After a two day trial to the court, the district court agreed with defendant's position that it was entitled to rescission of the agreement because (1) plaintiffs were unable to convey clear title at closing and (2) plaintiffs misled...

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