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ACTON v. DELIRAN

Nos. 19300, 19327 and 19367.

737 P.2d 996 (1987)

Russell ACTON, Andrew Acton and Carol E. Acton, Plaintiffs and Appellants, v. J.B. DELIRAN, a Utah corporation; Gerald House; ERA Realty Center; Daryl Yates and Marydon Yates, husband and wife, Defendants and Respondents. Russell ACTON, Andrew Acton and Carol E. Acton, Plaintiffs and Respondents, v. J.B. DELIRAN, a Utah corporation; Gerald House; ERA Realty Center; Daryl Yates and Marydon Yates, husband and wife, Defendants and Appellants, and ERA Realty Center, Defendant and Cross-Appellant. Russell ACTON, Andrew Acton and Carol E. Acton, Plaintiffs and Respondents, v. J.B. DELIRAN, a Utah corporation; Gerald House; ERA Realty Center; Daryl Yates and Marydon Yates, husband and wife, Defendants and Appellants. J.B. DELIRAN, a Utah corporation, and Gerald House, Third-Party Plaintiffs, v. Audrey LEBBON, Third-Party Defendant.

Supreme Court of Utah.

May 22, 1987.

Attorney(s) appearing for the Case

Jeffrey Oritt, Robert S. Howe, Michel F. Jones, Salt Lake City, for plaintiffs and appellants.

Hans Q. Chamberlain, Cedar City, for defendant ERA Realty Center.

Patrick H. Fenton, Cedar City, for defendants J.B. Deliran and Gerald House.

STEWART, Associate Chief Justice:

The Actons brought this action for rescission of a real property sales contract and restitution of amounts paid under the contract.1 The dispute arose primarily because the land subject to the contract is landlocked and has no water. The Actons sought rescission based on fraud, misrepresentation, and mistake of fact. The case was tried to a jury, which returned a verdict for the defendants. The Actons...

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