Utah Supreme Court August 19, 1983, No. 18327 (C & J Industries, Inc. v. Bailey)

HOWE, Justice:

This case is before us for the second time. Plaintiffs brought suit under U.C.A., 1953, § 78-33-1, seeking a declaratory judgment that they had not actuated paragraph 3(a) of a Uniform Real Estate Contract (Bailey contract) dated April 13, 1978, under which defendants Bailey sold to plaintiff C & J Industries, Inc.