Zions Properties v. forrest C. Holt Et

Plaintiff, Zions Properties, Inc., as assignee of a purchasers interest in a real estate contract on commercial property, located at 11th South and State Street in Salt Lake City, sued to quiet title and to enjoin the vendors, Holts, from interference with plaintiffs possession. On the basis of depositions, interrogatories and documentary evidence, the district court ruled that the purchasers interest had been forfeited and granted the defendants motion for summary judgment. The plaintiff appeals, contending: (1) that defendants had prevented it from performing the contract; (2) that its obligations under the contract had been modified by oral agreement; and (3) that it had tendered the required payments.