LOCKHART CO. v. EQUITABLE REALTY CO.

No. 18029.

657 P.2d 1333 (1983)

The LOCKHART CO., Plaintiff and Respondent, v. EQUITABLE REALTY, INC., Howard F. Hatch and Marjorie S. Hatch, Defendants and Appellants.

Supreme Court of Utah.

January 10, 1983.


Attorney(s) appearing for the Case

Howard F. and Marjorie S. Hatch, pro se.

Robert S. Prince, Salt Lake City, for plaintiff and respondent.


HALL, Chief Justice:

Plaintiff The Lockhart Co. (Lockhart) brought this action to recover the balance owing on a promissory note secured by a deed of trust to real property. Summary judgment was granted in favor of Lockhart and defendants appeal, contending that the trial court erred in granting judgment on the note prior to the time the security was exhausted.

Lockhart loaned to defendants the sum of $8,090, evidenced by the promissory note in question and...

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