[Download] "Ray v. Fisher and George A. Georgeson V." by Supreme Court Of Utah * Book PDF Kindle ePub Free
eBook details
- Title: Ray v. Fisher and George A. Georgeson V.
- Author : Supreme Court Of Utah
- Release Date : January 29, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
WADE, Justice. Defendants William R. and Blanche G. Bailey, husband and wife, appeal from a summary judgment ordering specific performance of a contract. By the contract they agree to improve, plat, subdivide and sell to plaintiffs Ray V. Fisher and George A. Georgeson, doing business as F & G Construction Company, respondents here, certain lots southwest of Salt Lake City. After a pre-trial conference, the trial court having heard the statements, admissions, and contentions of the parties, and having received in evidence the sales agreement, a mortgage, a summons, and a receipt, together with a deposition of each of the Defendants Bailey, on October 1, 1962, made its pre-trial order in favor of the plaintiffs for specific performance of the contract. It required the Baileys to improve and convey the designated lots to the plaintiff Construction Company, and the Company to perform its part of the contract. Also, under the mortgage it awarded $1,000 attorney's fees and costs to the Company. Later, on October 18, 1962, the court entered findings of fact, Conclusions of law, and judgment. Defendants Bailey contend that the sales agreement is void for violation of the rule against perpetuities. They claim it gives the company an option to purchase part of these lots after a life or lives in being and 21 years and the gestation period. 1 We think this doctrine has no application to this case.