McMULLIN v. SHIMMIN

No. 8998.

10 Utah 2d 142 (1960)

349 P.2d 720

ROBERT L. McMULLIN, APPELLANT AND PLAINTIFF, v. LYNWOOD F. SHIMMIN AND JACQUIE A. SHIMMIN, RESPONDENTS AND DEFENDANTS.

Supreme Court of Utah.

March 1, 1960.


Attorney(s) appearing for the Case

Robert B. Hansen, Salt Lake City, for appellant.

Cotro-Manes and Cotro-Manes, Salt Lake City, for respondent.


ANDERSON, District Judge.

Plaintiff's complaint was dismissed at the pre-trial conference. He had sought specific performance or damages to complete the purchase of the subject property after having made a written offer and depositing $100 thereon as earnest money. Plaintiff appeals.

Defendants signed a uniform Earnest Money Receipt and Offer to Purchase the real property. Plaintiff accepted the offer.

Plaintiff says defendants breached its...

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