Holbrook v. Hodson

CALLISTER, Justice.

This action was for specific performance of a contract of sale of real property. The trial court held specific performance was not appropriate but awarded plaintiffs a judgment for damages. The judgment was entered on the 24th of January, 1969. On the 6th of February, 1969, defendants filed a motion for a new trial or in the alternative to amend the findings and judgment. This motion, was untimely, since it was filed more than ten days after entry of judgment, Rules. 59(b) and 52(b), U.R.C.P.

On the 26th of March, 1969, after the time to appeal had expired and this court no…