FOWERS v. GURNEY

No. 11273.

448 P.2d 713 (1968)

22 Utah 2d 54

Alfred J. FOWERS, Plaintiff and Appellant, v. Donald GURNEY and Ireta F. Gurney, his wife, Defendants and Respondents.

Supreme Court of Utah.

December 17, 1968.


Attorney(s) appearing for the Case

Ray H. Ivie, Provo, for appellant.

J. Robert Bullock, of Aldrich, Bullock & Nelson, Provo, for respondents.


ELLETT, Justice:

The plaintiff appeals from a summary judgment holding that the defendant Donald Gurney was not liable for the deficiency on a foreclosure of a mortgage securing a note signed by the defendants. In substance the factual background leading up to the summary judgment is as follows:

Defendants signed a note and gave a mortgage on their real estate to secure the same on July 2, 1965. They failed to make timely payments as provided, and on December...

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