OLSEN v. CUMMINGS

No. 14755.

565 P.2d 1123 (1977)

E.C. OLSEN, a Utah Corporation, Plaintiff and Respondent, v. Alice S. CUMMINGS, Trustee, Lorenzo J. Cummings, Jr., Trustee, David S. Cummings, Trustee, Roger L. Cummings, Trustee, Stephen A. Cummings, Trustee of the Cummings Trust, Defendants and Appellants.

Supreme Court of Utah.

June 14, 1977.


Attorney(s) appearing for the Case

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

J. Craig Carman, Salt Lake City, for plaintiff and respondent.


MAUGHAN, Justice:

Before us is a denial of a motion to vacate a default judgment. We reverse, grant the motion and remand for further proceedings. Costs to defendants.

Plaintiff and defendant trust entered into a sales transaction for the purchase and installation of a sprinkling irrigation system. Defendant paid $21,500 as a down payment and arranged financing for an additional sum of $65,372.30, plus financing charges. Plaintiff claimed an additional sum...

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