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VALLEY BANK AND TRUST COMPANY v. GERBER

No. 13489.

526 P.2d 1121 (1974)

VALLEY BANK AND TRUST COMPANY, a Utah corporation, Plaintiff and Respondent, v. Alan GERBER, Barbara Gerber, his wife, Barbara Jensen Interiors, et al., Defendants and Appellants, South Davis Security Bank, Defendant and Respondent.

Supreme Court of Utah.

September 20, 1974.

Attorney(s) appearing for the Case

Lee W. Hobbs, Salt Lake City, for defendants and appellants.

W. Jeffrey Fillmore, of Biele, Jones, Murphy & Haslam, Salt Lake City, for Valley Bank & Trust Co.

Layne B. Forbes, Bountiful, for South Davis Security Bank.

CROCKETT, Justice:

This is an appeal by defendant Barbara Jensen Interiors, Inc. (hereinafter, Jensen Interiors), from a judgment awarding damages to plaintiff Valley Bank and Trust Company (hereinafter, Valley Bank), based on a finding that Jensen Interiors had breached a warranty against encumbrances in a contract of sale of home furnishings it had assigned to plaintiff Valley Bank.

Appellant Jensen Interiors makes two main contentions: First, that in the...

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