Creer v. Thurman

MAUGHAN, Justice:

This is an action by plaintiffs for specific performance of an oral agreement to convey land, or, alternatively, for damages sustained by defendant’s breach of the oral contract. The trial court ruled plaintiffs were entitled to specific performance, and if defendant could not specifically perform, plaintiffs were entitled to damages. We reverse. Costs are awarded to defendant.

Defendant Coy A. Thurman was the owner and beneficiary of a trust, which held a first mortgage on an animal hospital in Orem. Defendant’s son, Joseph Thurman, who was the owner of the property, was in…