Rasmussen v. Davis

1 Utah 2d 96 (1953)

262 P.2d 488

RASMUSSEN ET AL.

v.

DAVIS ET AL.

No. 7987.

Supreme Court of Utah.

October 27, 1953.

Don Mack Dalton, American Fork, Elias Hansen, Salt Lake City, for appellants.

Don V. Tibbs and Dilworth Woolley, Manti, for respondents.

HENRIOD, Justice.

Appeal from a judgment on motion to dismiss plaintiffs' amended cause of action for alleged 1) deceit and 2) breach of an agreement substituting for or "rescinding" a contract of sale of a dairy farm. Affirmed, no costs awarded.

The original contract set a $32,000 price, payable $8,000 down, $5,000 in 9 1/2 months, evidenced by a note…