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SPERRY v. SMITH

No. 18884.

694 P.2d 581 (1984)

Dan SPERRY, dba Sperry Chevron Distributing, Plaintiff and Respondent, v. Wayne SMITH, Wayne Saunders, and Larry Ritchins, all dba Riverbed Ranch, Defendants and Appellants.

Supreme Court of Utah.

November 27, 1984.

Attorney(s) appearing for the Case

E. Craig McAllister, Provo, for defendants and appellants.

Steven R. Jackson, Delta, for plaintiff and respondent.

HOWE, Justice:

This is an appeal from the denial of a motion to vacate a summary judgment which had been entered against the defendants, Wayne Saunders and Larry Ritchins. The judgment was for the sales price of fuel products sold by the plaintiff to Riverbed Ranch, a partnership composed of the three defendants.

When the plaintiff filed his complaint against the three defendants, Saunders and Ritchins secured an attorney, Craig McAllister, to file an answer...

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