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Show TUESDAY. DECEMBER 18. 1973 TNK DAILY RECORD FINANCING STATEMENTS 832 - Casey Grant Campbell, 3848 V. 3160 N SLC to Cr. Un; Mode-O-D- 833 - Doris Ernsberger, E. White Cr. 4630 Grocers Cr. Un; boat 834 - Judy Anderson, 2035 S. 300 E. 7 SIC to Ut. Retail Grocers Cr. Un; hhg - H 1466 Wasatch Dr. and Corp. 4970 S. 9 E. Lamet Vending, Larry PO Box 6007 SLC to Best Distributing Co; mach Vending, 2200 to Best DistribuE. , ting Co; equip 9 Brough, 8352 Bryce Dr. Sandy to Tooele Fed. Cr. Un; camper 868 - Wilma and Clyde Leaverton 744 E. 8425 S. Sandy to Utelcu Cr. Un; hhg Orchard Dr. N. SLC to Utelcu 917 - William N. State St. - Carol B and J. Rodney 2045 Bonneview Dr. SLC Hadley, to Utelcu Cr. Un; hhg - Janice Clr. Un; Un; Schaffer Bindery, 9046 W. 2700 S, Magna to FMA Leasing Co; equip 929 - Custom Trim of Ut. Mr. Carl Hovanes, 142 E. 8 S. SLC to FMA Leasing; duplicator Tangaro, 2485 SLC to Utelcu Cr. B hhg - SL Healey dba Co. 368 Schleren-Jarv- ls S. Nat. Bk; equip to SLC FMA W 1 mach Leasing; - Inc. - Larry 91 N. SLC Un; hhg - 928 - Sulvia and Jackie Skinner Milton Ave. SLC to Ut. Stati Emp. Cr. Un; hhg 880 Bingham, 15 S. to Ut. State Leasing; Wat-erbu- Wa-terb- ury Hwy Emp. ry Richard Prows, Inc. 1550 E. Management, Dr. SLC to FMA Leasing Cr. Co; equip 929 - Marron Blount Ripley, A 1939 S. 11 E. SLC to Baggett, 49 to Ut. State - Intertax Ser. Inc; 6525 S. 930 State St. to SLC FMA - Lewis L. Boone, 2528 E. 6600 S. SLC to Ut. State Emp, Cr, Un; hhg 931 - Boyd Fullmer, Law, 540 E 5 S. SLC sing Co; copier 884 - Richard Craven, 162 E. 3000 S. Bntfl to Ut. State Emp. Cr. Un; calculator 932 - St. Un; hhg 886 - Scott C. 889 - Kay L, 937 L. Duchworth, 5035 4200 S. SLC Cr, Un; hhg to Ut. State Grant, 9593 Dr. Sandy to Ut. Mum-fo- sate - S. Sunset Dr. Bntfl to Ut. State Emp Cr. Un; hhg 892 - Harold L. Lafeen, 781 E. 2940 S. SLC to Ut. State Emp. Cr, Un; hhg - Dennis Nordfelt, 4785 W. 4865 S. Kearns to Ut. State Emp. Cr. Un; organ 897 to 938 - FMA FMA Lea- 644 S. 9 E. Leasing; bookcopler Richard L. Adams, 3723 - to W. SLC Doug's S. State Emp. Joseph S. Johnson, 1115 to Press Square, 165 SLC to FMA Leas- - Intermark, SLC 939 rd SLC FMA Leasing; Appl. 4377 . The Maytag Co; TV A to Inventory Cr. Un; hhg 891 Arrow S, 4525 equip Emp. 890 - William B. Harris, 6819 2445 E. SLC to Ut. State Emp. Cr. Un; hhg - Attn, at S. W. Temple, ing Co; equip Julie Crockett, 80 P to Ut. State Emp. Cr. W. Leasing; mach 883 SLC FMA Lea- sing; copier 881 - Richard W. E. 1500 S. Bntfl Emp, Cr. Un; hhg 885 M. Cummings, Clerk Robert D. Merrill, 141 E. 1st S. 84111 Plaintiffs, Mr. and Mrs. Blake, initiated this action, seeking specific performance of an earnest money receipt and offer to purchase, executed by Mrs. Blake as vendee and defendant, Mrs. Lee, as vendor, on July 16, 1971. Plaintiff Clegg seeks judgment against Lee for a real estate commission. Defendant, Lee, filed a counterclaim alleging that Mr. Blake had executed a uniform real estate contract to purchase the premises on May 12, 1972: that after service of a notice of default, he had failed to perform thereunder: and that in accordance with the provisions of the contract Lee had elected to be released from all obligations to convey the property, and had declared Blake's payments forfeited as liquidated damages. Lee sought to have the title to the property quieted in her. 13, 1971. Approximately on the 20th of July, Mr. Blake arrived in Utah and went to view the premises' with his wife. The Blakes informed Mrs. Lee that it would be impossible to move from California and assume possession of the house by September. The Blakes thereafter never fulfilled any of the conditions of performance under the earnest money receipt. interest in purchasing the property in the the following year in July of 1972. The Blakes suggested future, approximately Lee to her house payments of $159 per month during which that they pay Mrs. time they could negotiate a purchase agreement. At Blakes' urgence and in their presence, Mrs. Lee contacted an attorney, who suggested an option Mr. Blake was of the .opinion that no real estate commission was due, since they were not proceeding to purchase under the earnest money receipt, and he suggested that the option agreement reflect this matter. The Blakes returned to California. The realtor, Clegg, contacted both the Blakes and Mrs. Lee, who informed him that the Blakes did not intend to perform. Realtor, Clegg, retained the deposit of $100 paid by Mrs. Blake. agn-r-ment- . Mrs. Lee's attorney drafted an option agreement, which he mailed to on August 18, 1971. Thereafter, Blake neither executed the option Blake Mr. aar nent nor did he suggest any changes. Mrs. Lee's attorney sent a series oi six letters, including a second copy of the option agri'-mi.nexplaining that the matter must be reduced to writing and that Mrs. Lee must receive a lump sum in cash. The attorney stated that if the option were'not executed and the payments made as provided therein, Mrs. Lee would assume Blake di sired to abandon the option, and she would sell to someone' Ise. Mr. Blake con' tinued to send the $159 per month payment, but he did not execute the option or fulfill an oral promise to send a $1, 000 payment before January 25. 1972. On February 4, 1972, Mrs. Lee's attorney notified Mr. Blake that his failure to execute the option agreement and to make the promised payments had terminated his option rights. Mr. Blake responded by letter, admitting he had been unable to perform and requesting a meeting. t, snowmobile 879 422 l. -- 925 - Bonneville Gems 19 N. 8 W. SLC to FMA mach Roland L Col lard, 5308 S. 9 E. 23 SLC to Bk. o SL; 876 - Russel F. 924 Clinic Holding Co. 333 S. 900 E. SLC to Zions First 875 McArthy Anderson The Blakes did express an FMA Leat hhg 874 - Kathleen Glenmare Ave. Ronald Miller, 809 E. - Fred P. Schaffer dba 922 Burton, 4689 to Utelcu Cr. D. SLC - 921 Pontiac Dr. Murray to sing Co; mach - Sheila Watson, 4565 W. 5335 S. Kearns to Utelcu Cr. Un; hhg Bonner Papanikolas, 268 to Leasetek, SLC Inc; cash register 871 873 3500 and Trust; equip Cr Chief Justice: A Mrs. Lee was the owner of a home in American Fork, Utah: she had listed the property for sale with Clegg Realty Company. The Blakes were residents of California. Shortly prior to the expiration of Mrs. Lee's listing agreement with the realtor, an agent brought Mrs. Blake to see the premises. Mrs. Blake paid a $100 deposit and executed the earnest money receipt and offer to purchase on July 14, 1971. Mrs. Lee accepted the offer on July 16, 1971. Under the terms of this agreement, the purchase price was $26,800. The buyer was to pay $1, 900 in ten days, and approximately $6, 700 on delivery of the deed or final contract on or before September 13, 1971. The buyer was to assume the existing mortgage on or before the time of closing on September 916 - Marvin J. Lythgoe, 175 E. 1100 N. Bntfl to Valley Bk Un; hhg 870 . Inc; equip S. 187 Little, E. Respondent.!! Rofeqtt M, SLC - 35th S. Arctic Clr. 4161 S. SLC to Arctic Clr. 915 W. No. 1325b Lee, based upon the pleadings and depositions, filed a motion for summary judgment. The trial court entered judgment, forfeiting Blake's payments to Lee as liquidated damages, quieting title to the property in Lee, and dismissing plaintiffs' complaint with prejudice. 914 - Ace Vending, Mike Onesto 219 Edison SLC to Best Distributing Co; equip D. - Vernon - Colonial 913 Un; camper 861 - Floyd Russell, 526 E. 8 S. SLC to SLC Emp. Cr. Un; hhg 869 - 912 Metcalf, - Ht Gary V. and Robyn Curtis, 460 "I" St. SLC to - Marvin equip inventor; 911 - Sentinel Lighting A Mfg. Co. 375 W. 400 N. SLC to Tanner, Gold A Trask; accounts 860 863 CALL1STER. equip 859 - B, Elain Jensen, 2131 George Town Sq. SLC to Ut. C. y. Fed. Cr. Un; hhg Cr. to 910 - Sentinel Lighting & Mfg. Co. 375 W. 400 H. SLC to YBJ Management; accounts, inventor; a, Ellis, Ellis VanCott, Bagly, Development SLC - Sentinel Lighting & Mfg. W. 400 N. SLC to Trask & 909 375 Livestock Prod; lUrestock SLC Emp, Jeannie G. Lee, Defendant and Prudential Fed. Savings; to Ut, SLC - Total Concept 908 Gammon, McGuire, Glen J. 28 H. 100 E. Provo 84601 A FILED November 30, 1973 Cr. Emp. Maxfleld, Plaintiffs and Appellants Ut. State to Ut. State Britt; accounts Lor-n- his wife. Un; hhg 838 - Don Mathews, 3095 W. 4752 S. Tylrsvl to Ut. Retail Grocers Cr. Un; hhg - J. R. Broadbent, Carl B. Clegg, dba Clegg Realty Company, James L. Blake and Janna B. Blake, LaMar Walker, 354 Trey 907 Way. SLC S. 4150 W. SLC to Ut. Rtall Grocers Cr. Un; hhg 843 Emp. Weeks, 2773 6060 S. SLC to Emp, Cr. Un; hhg Shelley, 4519 Lloyd - Dennis L. W. 836 - Reynaldo Martinas, 3791 H. Falmont Clr. W. Jordan to Ut. Retail Grocers Cr. Un; hhg - John to Ut. State Un; 906 835 - Robert K. Bateman, 2718 4270 S. Grngr to Ut. Retail Grocers Cr. Un; hhg 837 In The Supreme Court Of The State Of Utah E. Richards, 1736 SLC 904 - Denise Stewart, 3668 W. 7910 S. W. Jordan to Ut. Stata Emp, Cr. Un; hhg to Ut. Retail S. 2025 W. Roy - Kervln 902 ay PAGE THREE 940 S - Future Housing, Inc. 102 to Gen. Electric S. State Cr. Corp; equip SLC ' 945 3380 - Brent C. Harker, 3841 S. to Valley Bk. and W. SLC Trust; tractor - Russel S. and Thelma Farrell, 9858 Antimony Lane, 949 sAndy 953 to Fid Ind. Cr. - Gilbert 250 Chicago Ser; hhg LeRoy St. SLC Co; hhg Segura; to A Cap. Fin On March 24, 1972, in a letter to Mrs. Lee, Mr. Blake acknowledged he had contacted Mrs. Lee in August, 197, regarding an option to purchase that her home. Thereafter, he made several monthly payments of $159, while attempting to work out the terms and provisions of the option. Blake admitted that he received copies of the option agreement but hr failed to execute the same. Mr. Blake stated that in February, 1972, he had a discussion regarding the terms of the option and proposed purchase and he failed to pay the sums to fulfill the commitment and was thereafter advised the option was terminated. Mr. Blake specifically declared that he had no rights in or to the option or to purchase the property, and that he released Mrs. Lee from all further liability in connection with the payments made and the negotiations which had taken place between the parties. Janna Blake also admitted in a letter to Mrs. Lee that she had executed an earnest money receipt and offer to purchase, that she had been unable to make the payments within the time-perio- d contemplated and to complete the transaction as specified in the agreement. Janna stated that Mrs. Lee had notified her the contract was terminated for failure to make thi payments, and Janna acknowledged that the contract was cancelled in July, 1971. Blakes persisted in their desire to purchase the property, and Mr. Blake executed a uniform real estate contract on May 12, 1972. According to the terms of this agreement the purchase price was $27,300. (The upward adjustment was made to reflect the costs of improvements made by Mrs. Lee. ) The contract required a $1,000 payment on execution; a $1, 000 payment on May 25, together with a loan commitment; a payment of $2, 000 on June 15: and the remainder less the loan commitment on July 1, 1972. Any difference between the loan commitment and the actual loan was to b paid by August 31, 1972, so that the purchase price would be paid in full. Mr. Blake was notified by letter on June 22 and June 28 that Mrs. Lee had not received the $2,000 payment due on June 15, 1972, that Mr. Blake had a five-da- y grace period which had expired, and that Mrs. Lee intended to exercise her remedies under that contract. Mr. Blake paid the $2, 000; he was notified by mail that he owed $3, 300 under the terms of the agreement and that he was to make payment. On July 19, 1972, Mr. Blake was sent a notice of default, |