HOWARTH v. OSTERGAARD

No. 13293.

515 P.2d 442 (1973)

30 Utah 2d 183

Joseph L. HOWARTH and Marion H. Howarth, Plaintiffs and Appellants, v. Robert N. OSTERGAARD et al., Defendants and Respondents.

Supreme Court of Utah.

October 25, 1973.


Attorney(s) appearing for the Case

Pete N. Vlahos, Vlahos & Gale, Ogden, for plaintiffs and appellants.

Jackson B. Howard, Howard, Lewis & Petersen, Provo, for Ostergaards.

Heber Grant Ivins, American Fork, for Bank of Pleasant Grove.


CROCKETT, Justice:

Plaintiffs Howarth purchased a home from the defendants Ostergaard, in Linden. They allege that the defendants wrongfully recorded a mortgage on the property, which prevented the plaintiffs from obtaining a bank loan, and that they thus lost profits anticipated from financing a Christmas tree business. Upon a trial to the court, it made the findings and judgment against the plaintiffs and they appeal.

The Howarths bought the home under a...

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