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NEW YORK AVE. LLC v. HARRISON

No. 20140719-CA.

391 P.3d 268 (2016)

2016 UT App 240

NEW YORK AVE. LLC, Appellee and Cross-appellant, v. David D. HARRISON and Jan C. Harrison, Appellants and Cross-appellees.

Court of Appeals of Utah.

Filed December 8, 2016.

Attorney(s) appearing for the Case

Jason D. Boren , Emily L. Wegener , and Jackie Bosshardt , Salt Lake City, Attorneys for Appellants and Cross-appellees.

David D. Jeffs and Kevin D. Jeffs , Provo, Attorneys for Appellee and Cross-appellant.

Judge Stephen L. Roth authored this Opinion, in which Senior Judge Pamela T. Greenwood concurred. Judge Gregory K. Orme concurred in the result, with opinion.

Opinion

¶ 1 New York Ave. LLC (NYA) entered into a real estate purchase contract to purchase twenty acres of undeveloped land from Defendants David D. and Jan C. Harrison (the Harrisons). The contract provided NYA sole discretion to extend the closing by paying a monthly extension payment, which NYA paid monthly for nearly...

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