Swain v. Salt Lake Real Estate and Investment Co.

McDONOUGH, Chief Justice.

Plaintiffs entered into a Uniform Real Estate Contract to sell to the defendant certain real property, encumbered with a mortgage, on November 13, 195 L The down payment of $2,000 was made and it was agreed that monthly payments of $75 would be sent in part to the mortgagee, to whom plaintiffs remained obligated, and in part directly to the plaintiffs. From the date of the contract until August 17, 1953, the defendant was delinquent from time to time, but on the date suit was begun, September 5, 1953, it had remitted to the mortgagee and to the plaintiff checks in…