[DOWNLOAD] "Vern C. Strand and Eleanor A. Strand V." by Supreme Court Of Utah # eBook PDF Kindle ePub Free

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eBook details

• Title: Vern C. Strand and Eleanor A. Strand V.
• Author : Supreme Court Of Utah
• Release Date : January 05, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

WADE, Justice. Vern C. and Eleanor A. Strand, plaintiffs, appeal from a summary judgment by the trial court in favor of Fred and Detta Ann Mayne, defendants and respondents in an action commenced by plaintiffs Strand to recover sums paid on the purchase price and expended for repairs for a motel which they were buying from the Maynes under a uniform real estate contract. The Maynes repossessed the motel from the occupants by an unlawful detainer action against persons who had possession under a purchaser of the Strands interest when the Strands were in default in their payments on the contract of purchase from the Maynes. By this action the Strands seek to recover from the Maynes, claiming that the amount that the Maynes have realized from the Strands under this contract to purchase as liquidated damages on account of their default is a forfeiture penalty, that it is unconscionable and exorbitant and bears no relationship to the actual damages suffered by the Maynes from the failure of the Strands to fulfill their contract and that therefore they are entitled to a recovery.

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