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LOAD ZONE MARKETING AND MANAGEMENT v. CLARK

No. 20130093-CA.

333 P.3d 1255 (2014)

2014 UT App 194

LOAD ZONE MARKETING AND MANAGEMENT, LLC, Plaintiff and Appellant, v. C. Dennis CLARK, Defendant and Appellee.

Court of Appeals of Utah.

August 14, 2014.

Attorney(s) appearing for the Case

Judson T. Pitts , for Appellant.

James T. Burton and Joshua S. Rupp , Salt Lake City, for Appellee.

Judge STEPHEN L. ROTH authored this Opinion, in which Judge JOHN A. PEARCE and Senior Judge PAMELA T. GREENWOOD concurred.

Opinion

ROTH, Judge:

¶ 1 Load Zone Marketing and Management, LLC (Load Zone) sued C. Dennis Clark for specific performance of a real estate purchase contract (the REPC). The REPC implemented a common feature of standard real estate purchase contracts in Utah, providing each party the right to cancel in the event Clark was unable to obtain a mortgage loan before a specified date. Clark's lender did not approve his loan application before the deadline...

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