MABEY v. KAY PETERSON CONST. CO.

No. 18338.

682 P.2d 287 (1984)

Thomas C. MABEY and Louise S. Mabey, his wife, Plaintiffs and Respondents, v. KAY PETERSON CONSTRUCTION COMPANY, INC., a Utah corporation, Defendant and Appellant. WASATCH CABINET COMPANY, INC., a Utah corporation, Plaintiff and Respondent, v. KAY PETERSON CONSTRUCTION COMPANY, INC., a Utah corporation, et al., Defendant and Appellant.

Supreme Court of Utah.

April 24, 1984.


Attorney(s) appearing for the Case

W. Walden Lloyd, Salt Lake City, for defendant and appellant.

George S. Diumenti, Bountiful, for plaintiffs and respondents.


HOWE, Justice:

Defendant Kay Peterson Construction Company appeals from an adverse judgment contending (1) it was error to award any damages to the plaintiffs, and (2) defendant was awarded an insufficient amount on its counterclaim after the court reformed the contract between the parties.

Plaintiffs Thomas C. Mabey and Louise S. Mabey, his wife, purchased a "spec" house from the defendant construction company. Mr. Mabey, an engineer, had participated in...

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