F.M.A. FINANCIAL CORPORATION v. BUILD, INC

No. 10292.

17 Utah 2d 80 (1965)

404 P.2d 670

F.M.A. FINANCIAL CORPORATION, A CORPORATION, PLAINTIFF AND RESPONDENT, v. BUILD, INC., A CORPORATION, ET AL., DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

August 10, 1965.


Attorney(s) appearing for the Case

Horace J. Knowlton, Salt Lake City, for appellants.

Moyle & Moyle, Hardin A. Whitney, Jr., Salt Lake City, for respondent.


CROCKETT, Justice.

F.M.A. Financial Corporation sued Build, Inc., on a note and to foreclose a mortgage which the latter had given to the plaintiff's assignor, Cook Realty Company, in payment of commission on a real estate transaction. The defense asserted in the defendant's answer was lack of consideration. Upon the basis of the pleadings, the documentary evidence, the deposition of the defendant's manager, and two affidavits, the District Court granted plaintiff...

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