Coleman v. Dillman

HALL, Justice:

P. James Coleman (hereinafter “plaintiff”) initiated the first of these two lawsuits, seeking specific performance of a contract to purchase real property. R. Earl Dillman (hereinafter “defendant”) initiated the second lawsuit, one in unlawful detain-er, seeking damages and possession of the same real property. From an adverse judgment in each case, plaintiff appeals.

On January 15, 1975, defendant placed plaintiff in possession of a house and lot located at 2670 Creek Road in Salt Lake County. By plaintiff’s account, possession was taken incident to an oral agreement to purchase…