C & J Industries, Inc. v. Bailey

HOWE, Justice:

This case is before us for the second time. Plaintiffs brought suit under U.C.A., 1953, § 78-33-1, seeking a declaratory judgment that they had not actuated paragraph 3(a) of a Uniform Real Estate Contract (Bailey contract) dated April 13, 1978, under which defendants Bailey sold to plaintiff C & J Industries, Inc. (C & J) eleven lots situated in Salt Lake County, Utah for a total purchase price of $220,000, payable in monthly installments. Paragraph 3(a) of the Bailey contract provides:

In the event Buyer desires to sell or assign, transfer or convey Buyer’s rights under this…