BURNINGHAM v. OTT

No. 13522.

525 P.2d 620 (1974)

M. Dale BURNINGHAM, Plaintiff and Appellant, v. Layton OTT et al., Defendants and Respondents.

Supreme Court of Utah.

July 29, 1974.


Attorney(s) appearing for the Case

Bruce G. Cohne, Cohne, Mason & Klingle, Salt Lake City, for plaintiff and appellant.

James R. Brown, Jardine, Baldwin, Pruitt & Brown, Salt Lake City, for defendants and respondents.


ELLETT, Justice:

This is an appeal by plaintiff from a summary judgment in favor of defendant Ott of no cause of action in a suit sounding in fraud.

Plaintiff bought some stock in a corporation in which Ott was an officer. Both were good friends apparently, business-wise and religious-wise. Nonetheless, this affection one for the other ceased to exist when the plaintiff learned that the stock, which on its face was escrowed, did not appreciate in value as...

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