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FERICKS v. LUCY ANN SOFFE TRUST

No. 20030073.

100 P.3d 1200 (2004)

2004 UT 85

John A. FERICKS and C. Kurt Hoffman, Plaintiffs and Appellants, v. LUCY ANN SOFFE TRUST; Carlos R. Soffe, Vaughn C. Soffe, and Shirla S. Holt, as Trustees of the Lucy Ann Soffe Trust; Pentad Properties, Inc.; Joe Goodman; and John Doe Buyer, Defendants and Appellees.

Supreme Court of Utah.

October 19, 2004.

Attorney(s) appearing for the Case

Russell C. Fericks, Zachary E. Peterson, Salt Lake City, for plaintiffs.

Jeffrey W. Shields, Salt Lake City, for defendants.

DURRANT, Justice:

¶ 1 Plaintiffs, the prospective buyers under a real estate purchase contract, failed to tender a required earnest money payment by the date specified in the contract, whereupon the sellers cancelled the contract. Plaintiffs alleged that oral representations made by the realtors misled them into believing that they had additional time in which to make the required payment. Plaintiffs brought claims for breach of contract against the sellers,...

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