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VANJONORA v. DRAPER

No. 13313.

517 P.2d 1320 (1974)

30 Utah 2d 364

Ewan L. VANJONORA, Plaintiff and Appellant, v. Harvey DRAPER et al., Defendants and Respondents.

Supreme Court of Utah.

January 10, 1974.

Attorney(s) appearing for the Case

Milton T. Harmon, Nephi, for plaintiff and appellant.

David P. Brown, Salt Lake City, for Draper and Draper.

Louis G. Tervort, Manti, for Eklund.

TUCKETT, Justice:

The plaintiff commenced this action in the District Court of Sanpete County to recover sums due on a promissory note, a contract and an open account. A complaint was filed in September, 1969. On September 22, 1969, the defendants answered and filed a counterclaim. Thereafter discovery proceedings were undertaken and motions were made for summary judgments. On October 29, 1971, a judgment was entered in favor of the plaintiff and thereafter an execution...

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