BEKINS BAR V RANCH v. UTAH FARM PRODUCTION

No. 15563.

587 P.2d 151 (1978)

BEKINS BAR V RANCH, a Utah Corporation, Plaintiff and Appellant, v. UTAH FARM PRODUCTION CREDIT ASSOCIATION, Defendant and Respondent.

Supreme Court of Utah.

November 14, 1978.


Attorney(s) appearing for the Case

Ralph J. Hafen, Salt Lake City, for plaintiff and appellant.

Lowell V. Summerhays of Robinson, Guyon, Summerhays & Barnes, Salt Lake City, for defendant and respondent.


WILKINS, Justice:

This is an appeal from an order of dismissal entered in response to a motion to dismiss filed before answer and supported by affidavits and other materials outside the pleadings. The trial court treated this motion as one for summary judgment, and ordered a dismissal on the merits.

Plaintiff's complaint alleges that defendant miscalculated and/or misrepresented the amount due on a secured note and induced a $17,180.69 overpayment by submitting...

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