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STUBBS v. HEMMERT

No. 14801.

567 P.2d 168 (1977)

Ronald P. STUBBS, Plaintiff and Appellant, v. Lyman W. HEMMERT and Alta B. Hemmert, his wife, Defendants and Respondents.

Supreme Court of Utah.

July 13, 1977.

Attorney(s) appearing for the Case

George M. McCune, McCune & McCune, Provo, for plaintiff and appellant.

Dale M. Dorius, Brigham City, for defendants and respondents.

WILKINS, Justice:

Plaintiff brought an action of foreclosure on a promissory note secured by a mortgage on commercial real property in Santaquin, Utah. Defendant counterclaimed, praying among other things, for damages for plaintiff's wrongful removal of two air compressors from the building. (Defendant is referred to in the singular as Alta B. Hemmert is deceased).

All issues were resolved at the pretrial conference with the exception of those arising out...

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