HEATH v. MOWER

No. 16029.

597 P.2d 855 (1979)

David W. HEATH and Susan M. Heath, Plaintiffs and Respondents, v. Donald A. MOWER and Future Community Homes of Utah, Inc., a corporation, Defendants and Appellants.

Supreme Court of Utah.

June 18, 1979.


Attorney(s) appearing for the Case

Roger A. Livingston, Salt Lake City, for defendants and appellants.

David E. Bean, Layton, for plaintiffs and respondents.


STEWART, Justice:

This is an appeal from a denial of a motion to set aside a default judgment entered against defendant Donald A. Mower for fraudulent misrepresentation. The case originated November 11, 1975, when plaintiffs filed a complaint alleging that defendants Future Community Homes of Utah, Inc. (hereinafter referred to as "Future") and Future's president, Mower, had breached a construction contract with the plaintiffs...

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