(DOWNLOAD) "Glen F. Nielsen and Alta R. Nielsen v. W." by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Glen F. Nielsen and Alta R. Nielsen v. W.
- Author : Supreme Court Of Utah
- Release Date : January 20, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
WADE, Justice. Plaintiffs, Mr. and Mrs. Nielsen, respondents here, sued defendants, Mr. and Mrs. Rucker, for specific performance
of a contract to exchange the Nielsen Dairy Farm, north of Brigham City, Utah, for the Ruckers' home, fourplex apartment house,
and motel in Tremonton, Utah. The trial court decreed specific performance. The Ruckers appeal, contending that if there was
any contract agreed upon, it is too indefinite and uncertain to be enforced by specific performance. The original contract is awkwardly written on a real estate form entitled 'Earnest Money Receipt and Offer to Purchase.'
Under this contract the agreed purchase price of the respective properties was $95,000, with a mortgage against the Rucker
property of about $19,000, and a lien against the Nielsen property of about $29,000. The difference was to be paid in monthly
installments. Each party to clear all liens from the personal property given by such party in the exchange. This contract
was dated March 14, possession to be transferred April 5, 1957. The sale was arranged by the Real Estate Exchange of Ogden,
Utah, and each party agreed to pay a 5% broker's commission on $95,000.