PETERSON v. CARTER

Nos. 9305-9307.

11 Utah 2d 381 (1961)

359 P.2d 1055

ERASTUS PETERSON AND CORNELIA S. PETERSON, PLAINTIFFS AND APPELLANTS, v. GEORGE B. CARTER AND ELMER D. LOVELESS, D/B/A ZIONS BUILDING AND CONSTRUCTION CO., A CO-PARTNERSHIP, AND ROBERT M. GILLIES AND CLARICE K. GILLIES, DEFENDANTS AND RESPONDENTS, WALKER BANK & TRUST COMPANY, DEFENDANTS. ERASTUS PETERSON AND CORNELIA S. PETERSON, PLAINTIFFS AND APPELLANTS, v. GEORGE B. CARTER AND ELMER D. LOVELESS, D/B/A ZIONS BUILDING AND CONSTRUCTION CO., A CO-PARTNERSHIP, AND FREDERICK RULON SARGENT AND EMILY SARGENT, DEFENDANTS AND RESPONDENTS, HOME BENEFIT BUILDING ASSOCIATION, AND THE SCHENECTADY SAVINGS BANK, DEFENDANTS. ERASTUS PETERSON AND CORNELIA S. PETERSON, PLAINTIFFS AND APPELLANTS, v. GEORGE B. CARTER AND ELMER D. LOVELESS, D/B/A ZIONS BUILDING AND CONSTRUCTION CO., A CO-PARTNERSHIP, AND FOSTER D. RAPPELEY AND JANE DOE RAPPELEY, DEFENDANTS AND RESPONDENTS, HOME BENEFIT BUILDING ASSOCIATION, AND THE SCHENECTADY SAVINGS BANK, DEFENDANTS.

Supreme Court of Utah.

February 23, 1961.


Attorney(s) appearing for the Case

Skeen, Worsley, Snow & Christensen and John F. Piercey, for appellants.

Christenson, Novak, Paulson and Taylor, Provo, for respondents.


HENRIOD, Justice.

Appeal from a summary judgment dismissing complaints against three separate purchasers of homes, against whom plaintiffs attempted to assert vendor's liens, under circumstances related below. Affirmed, with costs to said purchasers (the Rappeleys, Sargents and Gillies, defendants).

Plaintiffs owned lots and were engaged in the real estate business. Defendants Carter and Loveless were partners, operating a home construction business as Zions...

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