RUBEY v. WOOD

No. 9447.

13 Utah 2d 285 (1962)

373 P.2d 386

PAUL RUBEY AND CAROL RUBEY, HIS WIFE, PLAINTIFFS AND RESPONDENTS, v. MORRIS T. WOOD AND RUBY J. WOOD, HIS WIFE, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

July 20, 1962.


Attorney(s) appearing for the Case

Cayias, Day & Livingston, Salt Lake City, for appellants.

Jensen, Jensen & Bradford, Salt Lake City, for respondents.


McDONOUGH, Justice.

Plaintiffs brought an action for specific performance of a real estate contract. Defendants answered, charging fraud and misrepresentation. Defendants were ordered by the trial court to present their evidence first, after which the court granted plaintiffs' motion for a directed verdict.

The case being in equity, the court has the duty to review both questions of fact and law. We must decide whether there is evidence sufficient to uphold...

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