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FREED FINANCE COMPANY v. STOKER MOTOR COMPANY

No. 13925.

537 P.2d 1039 (1975)

FREED FINANCE COMPANY, a Utah Corporation, Plaintiff and Respondent, v. STOKER MOTOR COMPANY, a Utah Corporation, et al., Defendants and Appellants.

Supreme Court of Utah.

July 8, 1975.

Attorney(s) appearing for the Case

Ronald C. Barker, Salt Lake City, for defendants and appellants.

Louis H. Callister and W. Clark Burt, of Callister, Greene & Nebeker, Salt Lake City, for plaintiff and respondent.

ELLETT, Justice:

This is an appeal brought by defendant Stoker Motor Company from a summary judgment in favor of plaintiff on a note secured by a mortgage on real property.

A summary judgment is proper where there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.1

In this case the complaint alleges the execution of a note in the amount of $400,000 secured...

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