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GADD v. OLSON

No. 18876.

685 P.2d 1041 (1984)

Hal GADD, Plaintiff and Respondent, v. York A. and Rose T. OLSON, Defendants, Third-Party Plaintiffs and Appellants, v. Mark T. JOHNSON, Third-Party Defendant and Respondent.

Supreme Court of Utah.

July 5, 1984.

Attorney(s) appearing for the Case

Robert B. Hansen, Salt Lake City, for defendants, third-party plaintiffs and appellants.

James H. Deans, Salt Lake City, for plaintiff and respondent.

Richard W. Perkins, Salt Lake City, for third-party defendant and respondent.

HALL, Chief Justice.

York and Rose Olson, defendants and third-party plaintiffs herein, appeal from a summary judgment that dismissed their third-party action against Mark Johnson for fraud.

Prior to April 8, 1981, the Olsons (hereinafter "appellants") were in default in the payment of their obligations under a trust deed note and trust deed on their house. To avoid losing the house through foreclosure, appellants accepted an offer of financial assistance...

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