Pearce v. Shurtz

2 Utah 2d 124 (1954)

270 P.2d 442

PEARCE

v.

SHURTZ ET AL.

No. 7634.

Supreme Court of Utah.

April 26, 1954.

Dissenting Opinion May 4, 1954.

H. Hartland Halliday, Fred L. Finlinson, Salt Lake City, for appellants.

Rawlings, Wallace, Black, Roberts & Black, Salt Lake City, for respondent.

McDONOUGH, Justice.

Ivan Call sold a ranch to Frank Lewellen giving him a bond for deed and taking in return a promissory note executed by Lewellen. These items were placed in escrow. The bond for deed recited the terms of the agreement and contained a forfeiture clause effective 60 days after Lewellen's failure to comply…