BOWERY SAVINGS BANK v. JENKINS

No. 12903.

516 P.2d 178 (1973)

30 Utah 2d 232

The BOWERY SAVINGS BANK, a corporation, Plaintiff and Respondent, v. Lynn A. JENKINS and Linda M. Jenkins, his wife, Defendants and Appellants.

Supreme Court of Utah.

November 7, 1973.


Attorney(s) appearing for the Case

Ralph J. Marsh of Backman, Backman & Clark, Salt Lake City, for defendants and appellants.

Roger J. McDonough of Jones, Waldo, Holbrook & McDonough, Salt Lake City, for plaintiff and respondent.


HENRIOD, Justice:

Plaintiff (respondent here) claims that defendant, being delinquent in connection with a June payment on a mortgage he had executed, was subject to foreclosure when he sent the July payment (and subsequent August and September payments) without that for June. This right of foreclosure ordinarily would be true, but in August and on September 16 the plaintiff's escrow agent wrote to defendant and indicated no action would be forthcoming if defendant...

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