Wingets, Incorporated v. Bitters

CROCKETT, Justice:

Plaintiff Wingets, Inc., as seller of business property on North Main Street in Logan, Utah, was granted a motion for summary judgment against defendants Bitters, buyers, for the sum of $92,392.21, as the balance due on the contract price of $130,000, which the seller had declared “immediately due and payable” on the ground that the buyers were in default. The latter appeal, contending that there are genuine issues of fact which if resolved in their favor would constitute a defense.

The contract was entered into on April 13, 1964. The payments specified Were $20,000 down and…