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DUGAN v. JONES

No. 16334.

615 P.2d 1239 (1980)

Carl C. DUGAN and Louise Dugan, husband and wife, Plaintiffs and Counterclaimants, v. Luther Eugene JONES and Betty Elvira Jones, husband and wife, Defendants, Counterclaimants, Third-Party Plaintiffs and Appellants, v. O.B. OBERHANSLY, Lester Clan Stilson and United Farm Agency, a Utah Corporation, Third-Party Defendants and Respondents.

Supreme Court of Utah.

July 23, 1980.

Attorney(s) appearing for the Case

J. Kent Holland of Hanson, Russon, Hanson & Dunn, Salt Lake City, Ray E. Nash, Vernal, for plaintiffs and counterclaimants.

Jackson Howard, Provo, for third-party defendants and respondents.

MAUGHAN, Justice:

Dugans, the plaintiffs, brought this action to foreclose on a note and mortgage executed by the Joneses. Defendants filed a counterclaim and third-party complaint against the realtors, alleging fraud, negligent misrepresentation, breach of contract, and breach of fiduciary duty. The trial court, having refused defendants' request for a jury, found for plaintiffs on their foreclosure action, dismissed defendants...

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