Bellon v. Malnar

HOWE, Associate Chief Justice.

Defendant Marvel L. Malnar appeals from a judgment entered against her and in favor of plaintiffs, who are assignees of the buyer in a real estate contract with Malnar as seller. The action was brought by plaintiffs for restitution of the payments made by the buyer before he defaulted and Malnar forfeited his interest in the contract and the property.

I. FACTS

On December 19, 1980, plaintiffs’ assign- or, Ferron Elder, entered into a real estate contract to purchase from Malnar 76 acres of land in Duchesne County, together with twelve shares of water stock, for…