O'HAIR v. KOUNALIS

No. 11445.

463 P.2d 799 (1970)

23 Utah 2d 355

Frances O'HAIR, Plaintiff and Appellant, v. John S. KOUNALIS and George Kounalis, Defendants and Respondents.

Supreme Court of Utah.

January 12, 1970.


Attorney(s) appearing for the Case

K. Samuel King, Salt Lake City, for plaintiff-appellant.

James A. McIntosh, Salt Lake City, for defendants-respondents.


CALLISTER, Justice:

Plaintiff initiated this action to recover the unpaid portion of a series of loans she had made to defendants between October 30, 1962, and March of 1963. Defendants pleaded the four-year limitation of Sec. 78-12-25(1), U.C.A., 1953, as a bar, and Sec. 25-5-4(2), U.C.A., 1953, of the Statute of Frauds. Defendants, based upon the pleadings and depositions of the parties, moved for summary judgment, which the trial court granted on the ground that...

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