Tibbitts v. Openshaw

CALLISTER, Justice:

Respondents (Tibbitts) and appellants (Openshaw) entered into a real estate contract wherein the former agreed to sell and the latter agreed to buy certain real property located in Riverdale City, Utah. The purchase price was $45,000, payable in specified installments. Appellants paid all but approximately $4,400 and respondents— treating the contract as a note and mortgage — brought this action. Respondents were successful in securing a judgment from which the appellants appeal.

The property involved consisted of two subdivision lots, each of which had a house thereon, and…