[DOWNLOAD] "Pearce v. Shurtz Et Al." by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free
eBook details
- Title: Pearce v. Shurtz Et Al.
- Author : Supreme Court Of Utah
- Release Date : January 26, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
McDONOUGH, Justice. Ivan Call sold a ranch to Frank Lewellen giving him a bond for deed and taking in return a promissory note executed by Lewellen. These items were placed in escrow. The bond for deed recited the terms of the agreement and contained a forfeiture clause effective 60 days after Lewellens failure to comply with certain terms. This forfeiture clause expressly provided that upon default the buyer at sellers election became at once a tenant at will of the seller and the escrow had the right to return the bond for deed, note, abstracts, and contract to the seller. It was also agreed that time was of the essence of this agreement and that it is understood and agreed that if the seller accepts payments from the buyer on this contract other than according to the terms herein mentioned, then by so doing it will in no way alter the terms of the contract as to forfeiture hereinafter mentioned.