BENSON v. PROBST

No. 9432.

12 Utah 2d 348 (1961)

366 P.2d 700

H.F. BENSON, JR. AND BETTY N. BENSON, HIS WIFE, PLAINTIFFS AND RESPONDENTS, v. PARLEY PROBST AND EMMA PROBST, HIS WIFE, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

November 22, 1961.


Attorney(s) appearing for the Case

Lee W. Hobbs, Salt Lake City, for appellant.

Davis & Bayles, Salt Lake City, for respondent.


HENRIOD, Justice.

Interlocutory appeal from the denial of defendants' motion to dismiss a complaint sounding in deceit allegedly resulting in a written farm transaction. Reversed with instructions to dismiss the complaint. Costs to defendants.

Defendants sold some acreage to plaintiffs who thereafter were adjudicated bankrupts. They did not schedule any claims against defendants in the bankruptcy proceedings. Thereafter they filed a complaint in the usual...

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