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DAVIS v. MULHOLLAND

No. 11931.

475 P.2d 834 (1970)

25 Utah 2d 56

Douglas J. DAVIS, Plaintiff and Appellant, v. Thomas W. MULHOLLAND, Defendant and Respondent.

Supreme Court of Utah.

October 20, 1970.

Attorney(s) appearing for the Case

Milton V. Backman, Robert L. Backman, of Backman, Backman & Clark, Salt Lake City, for appellant.

Harold R. Boyer, of Romney & Boyer, Salt Lake City, for respondent.

ELLETT, Justice:

The plaintiff and one Keith Hansen gave the defendant $5,000 for an option to buy land for an additional $95,000. The complaint states two causes of action. The first was based on a claim of fraud and misrepresentation in that the defendant pointed out the location of the land in question as being different from what it actually was. The second is for a rescission of the option agreement.1

The court on conflicting...

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