SMOOT v. LUND

No. 9515.

13 Utah 2d 168 (1962)

369 P.2d 933

RICHARD P. SMOOT AND BARBARA M. SMOOT, PLAINTIFFS AND APPELLANTS, v. HOWARD L. LUND AND GWEN C. LUND, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

March 14, 1962.


Attorney(s) appearing for the Case

McBroom & Hyde, Salt Lake City, for appellants.

Cranmer, McGarry & Lund, Raymond W. Gee, Salt Lake City, for respondents.


CROCKETT, Justice.

Plaintiffs appeal from a summary judgment dismissing a second cause of action alleged in their complaint. The dismissal was upon the ground that the defendants fully discharged the obligation due on the note which is the main foundation of said cause of action by tendering into court the sum of $15,347.50, the amount of principal and interest due thereon.

Plaintiffs allege: that the defendant Howard L. Lund was their attorney, and that after...

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