Blomquist v. Bingham, 17268

• Decision Date: 20 July 1982
• Docket Number: No. 17268,17268
• Citation: 652 P.2d 900
• Parties: Eben J. BLOMQUIST, Plaintiff and Appellant, v. Marc C. BINGHAM, et al., Defendants and Respondents.
• Court: Utah Supreme Court

Page 900

652 P.2d 900

Eben J. BLOMQUIST, Plaintiff and Appellant, v. Marc C. BINGHAM, et al., Defendants and Respondents.

No. 17268.

Supreme Court of Utah.

July 20, 1982.

Lorin N. Pace, Salt Lake City, for plaintiff and appellant.

Lowell V. Summerhays, Salt Lake City, for defendants and respondents.

HOWE, Justice:

This is an appeal from a decree granting the plaintiff (buyer) specific performance of a land sale contract with the defendants (sellers).

On August 2, 1979 the sellers and buyer entered into an Earnest Money Receipt And Offer To Purchase for the sale and purchase of land and water rights in Carbon County, Utah. The purchase price was to be paid in installments as follows: $10,000 on December 31, 1979; $24,900 on December 31, 1980; $24,900 on December 31 of each succeeding year until December 31, 1985, at which time the entire principal balance was to be paid in full. Interest accrued on the unpaid balance at the rate of 10% per annum.

The parties did not close the transaction on the date they had set but the trial court found that there was a waiver by the sellers of the closing date. That finding is not challenged on this appeal. In November 1979 the buyer signed the closing papers but the sellers refused to participate in and consent to the closing. The buyer tendered the $10,000 payment due on December 31, 1979, and when the sellers did not accept it, this lawsuit was commenced for specific performance. On July 25, 1980 the trial court signed and entered a decree of specific performance in favor of the buyer together with attorney's fees. In view of the delay occasioned by the refusal of the sellers to perform, the court provided in the decree that the closing should take place not later than 10 days "after final disposition of this lawsuit, including expiration of all appeal rights"; that the $10,000 due on December 31, 1979 should be paid at the time of closing and no interest should be charged thereon; that the buyer should be obligated to pay only one-half of the accrued interest on the remaining principal balance which had accrued from the date of signing the Earnest Money Receipt And Offer To Purchase to the date of closing, and that buyer should be relieved of paying the other one-half; and that after the date of closing the buyer should be liable for the full rate of 10% per annum and "all payments shall be made as provided in the contract."

Buyer appeals, assailing those portions of the decree which require him to pay one-half of the accrued interest on the principal balance during the period of delay and which require all payments to be made as specified in the contract without any extension of time. He contends that it would have been more equitable for the trial court to have relieved him of all interest up to the date of closing and extended the time for payments under the contract equal to the delay, with the first payment due thirty days after the decree became final including the expiration of appeal rights.

The law on this question was enunciated by this Court in Amoss v. Bennion, 23 Utah 2d 40, 456 P.2d 172 (1969), when we...