(Download) "Rex L. Cole and Helga S. Cole v. Frank J." by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free
eBook details
- Title: Rex L. Cole and Helga S. Cole v. Frank J.
- Author : Supreme Court Of Utah
- Release Date : January 03, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
McDONOUGH, Chief Justice. Plaintiffs entered into a uniform real estate contract with defendants to purchase ranch property in Millard County, Utah, in August, 1952, for a total price of $40,000, to be paid in installments. They moved onto the ranch in September and stayed for two or three months and then moved off because, they alleged, no water was available. They returned the following spring, 1953, and determined that the place could not be farmed because of lack of water, and hence, the land was not cultivated during that summer. In December, 1953, the plaintiffs brought action to rescind the contract and recover the $11,600 paid prior to that time on the contract, alleging that the defendant, Harold Parker, fraudulently induced the contract by representing falsely that there was an adequate supply of water on the premises for agriculture and pasture. Defendants denied the fraud and counterclaimed to have the court declare the contract cancelled and the money paid forfeited. The trial court ruled in favor of defendants and forfeited the $11,600 paid on the contract by the plaintiffs.
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