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UTAH FARM PRODUCTION CREDIT ASS'N v. COX

No. 16885.

627 P.2d 62 (1981)

UTAH FARM PRODUCTION CREDIT ASSOCIATION, Plaintiff and Appellant, v. COX, Jeffery J. and Elliott J., a co-partnership, Elliott J. Cox, Jeffery J. Cox, Yvonne Cox, Blanche Cox, United States of America, Phillips Petroleum Company, Tracy-Collins Bank and Trust Company, Bank of Ephraim, Defendants and Respondents.

Supreme Court of Utah.

March 9, 1981.

Attorney(s) appearing for the Case

David B. Boyce, Salt Lake City, for plaintiff and appellant.

Earl Jay Peck, Gerald R. Miller, Salt Lake City, Ross C. Blackham, Ephraim, for defendants and respondents.

HALL, Justice:

Plaintiff Utah Farm Production Credit Association appeals that portion of a lower court ruling which granted a setoff against judgment in plaintiff's favor, the setoff arising from plaintiff's alleged breach of a contract to lend money.

Defendant Jeffery Cox (hereinafter "defendant") is a resident of Sanpete County, Utah, and was, at all times relevant to this appeal, in the business of raising and selling turkeys. In 1972, defendant opened...

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