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JOHNSTON v. AUSTIN

No. 19401.

748 P.2d 1084 (1988)

Richard M. JOHNSTON, Shauna M. Johnston, Thomas W. McDonald, and Lois S. McDonald, Plaintiffs and Appellants, v. Lloyd H. AUSTIN, Virginia Ann Austin, Income Realty and Mortgage, Inc., a Utah corporation, Boyd E. Nelson, Barbara L. Nelson, John Franks, David J. Isbell, and Ruth Ann Isbell, Defendants and Respondents.

Supreme Court of Utah.

January 4, 1988.

Attorney(s) appearing for the Case

Frank J. Gustin, David W. Overholt, Salt Lake City, for Johnstons.

James T. Dunn, Midvale, for Nelsons.

Kim R. Wilson, Salt Lake City, for Franks.

Thomas N. Crowther, Salt Lake City, for Austins.

STEWART, Associate Chief Justice:

The plaintiffs, Richard and Shauna Johnston and Thomas and Lois McDonald, sellers of land under a uniform real estate contract, appeal a summary dismissal of their complaint seeking to foreclose as a mortgage buyers' interest in land because of buyers' failure to timely pay amounts due under the contract. The complaint was dismissed because the plaintiffs had not given the defendants written notice of default prior to filing the action...

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