ADAIR v. BRACKEN

No. 860116-CA.

745 P.2d 849 (1987)

Gerry Leon ADAIR and Jane E. Adair, Plaintiffs and Appellants, v. Ronald W. BRACKEN, Reba A. Bracken, and John Does I through V, Defendants and Respondents.

Court of Appeals of Utah.

November 24, 1987.


Attorney(s) appearing for the Case

Gary W. Pendleton, Pendleton & Terry, St. George, for plaintiffs and appellants.

Phillip L. Foremaster, St. George, for defendants and respondents.

Before JACKSON, ORME and BENCH, JJ.


JACKSON, Judge:

Appellants Gerry Leon Adair and Jane E. Adair seek reversal of a district court judgment that denied their request for specific performance and enforced the forfeiture clause of a uniform real estate contract in favor of respondents. They present two questions on appeal: (1) Was the finding that appellants intentionally abandoned their rights under the contract clearly erroneous? (2) Was the notice given by respondents insufficient as a matter of law...

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