Hogan v. Swayze

This is an action to .enforce the specific performance of a contract for the sale of land in Box Elder county, Utah. At the time of the execution of the contract, viz. on August 12, 1913, title to the land was in the Central Pacific Bailroad Company, and one W. E. Whittaker had a contract with said company for the purchase of the land, which contract, together with a warranty deed from said company to Whittaker was deposited in’ escrow with Walker Bros. Bankers of Salt Lake City. While said escrow was pending Whittaker and his wife offered to sell their equity in said land to the de fendant…