Winegar v. Froerer Corp.

DURHAM, Justice:

Plaintiffs Wayne and Mary Winegar brought this action against the assignee of an executory land sale contract of which they were purchasers. They sought to rescind the contract and to receive a judgment for the amount they had paid under the purchase agreement. The district court granted their motion for summary judgment. We reverse.

In 1979, the Winegars entered into an agreement to purchase property in Du-chesne County, Utah. The agreement provided that upon payment in full of the purchase price, Ranch Liquidators of Utah, Inc. (“Ranch Liquidators”), the sellers of the…