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Williamson v. Wanlass

545 P.2d 1145 (1976)

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Williamson v. Wanlass

Utah Supreme Court
545 P.2d 1145 (1976)

RW

Facts

George and Lorna Wanlass (codefendants) bought a farm from Don and Jodie Williamson (coplaintiffs), paying the Williamsons approximately four-fifths of the purchase price up front. The Williamsons loaned the Wanlasses the rest, and in return, the Wanlasses mortgaged the farm back to the Williamsons and began repaying the loan in monthly installments. The Wanlasses were usually late in making these payments, but they never missed an installment, and the Williamsons always cashed the Wanlasses’ checks no matter when they arrived. After 20 months had passed, the Williamsons had their lawyer send a written complaint to the Wanlasses. The letter advised that the Wanlasses’ delinquencies might one day push the Williamsons into invoking the mortgage note’s acceleration clause. The letter ended with the lawyer’s comment that “it would be nice” if the Wanlasses stayed on schedule with their payments. A few months later, without further notification, the Williamsons stopped accepting checks from the Wanlasses and sued for immediate and full repayment of the loan. The trial court entered judgment for the Williamsons, and the Wanlasses appealed to the Utah Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Crockett, J.)

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