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BLODGETT v. MARTSCH

No. 15608.

590 P.2d 298 (1978)

William D. BLODGETT and Florence G. Blodgett, his wife, Plaintiffs and Appellants, v. Joe MARTSCH, Betty Purcell, aka Betty Purcell Martsch, Doyle Nease, Raco Car Wash Systems, Inc., a Utah corporation, Wayne A. Ashworth, Trustee, Karl W. Tenny, Valley Bank & Trust Company, a Utah banking corporation, First Security Bank of Idaho, N.A., State of Utah and John Does 1 through 10, Defendants and Respondents.

Supreme Court of Utah.

December 26, 1978.

Attorney(s) appearing for the Case

Joseph Rust of Kirton, McConkie, Boyer & Boyle, Salt Lake City, for plaintiffs and appellants.

Harry D. Pugsley, Donald Sawaya, Irving H. Biele, Lorin N. Pace, John P. Ashton, Salt Lake City, for defendants and respondents.

MAUGHAN, Justice:

The Blodgetts here appeal from summary judgment of no cause of action on their complaint alleging fraud in transactions which culminated in the public sale of the Blodgetts' property at a price allegedly about one-eighth its appraisal or actual value. The public sale was effected pursuant to a trust deed. The Blodgetts allege they were unaware the major part of the property so sold was included in the trust deed description, and their ignorance is...

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