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UNIVERSAL C.I.T. CREDIT CORPORATION v. SOHM

No. 9865.

15 Utah 2d 262 (1964)

391 P.2d 293

UNIVERSAL C.I.T. CREDIT CORPORATION, PLAINTIFF AND RESPONDENT, v. REX L. SOHM AND KATHERYN SOHM, DEFENDANTS AND RESPONDENTS, AND THIRD-PARTY PLAINTIFFS, v. RICHARD H. NICKLES, D/B/A ZION MANAGEMENT, THIRD-PARTY DEFENDANT AND APPELLANT.

Supreme Court of Utah.

April 15, 1964.

Attorney(s) appearing for the Case

Barker & Ryberg, Salt Lake City, for appellant.

Keith E. Sohm, Salt Lake City, for respondents.

HENRIOD, Chief Justice:

Appeal from a judgment for damages in an action of deceit based on alleged wilful misrepresentations in connection with the sale of a new-type electronic stove. Reversed with costs to defendants.

In our opinion the only clear and convincing aspect of this case is that the alleged wilful deceit clearly was not proved by a clear preponderance of the evidence.1 The trial court obviously was convinced...

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