PERKINS v. COOMBS

No. 860306-CA.

769 P.2d 269 (1988)

George S. PERKINS and Lillie Perkins, Plaintiffs and Appellants, v. Dick COOMBS, an individual, Coombs Investment Corporation, a Utah corporation, Interlake Thrift, a Utah corporation, and John Doe Fidelity Company, Defendants. Dick COOMBS, Coombs Investment Corporation, and John Doe Fidelity Company, Defendants and Third-Party Plaintiff, v. CENTURY 21 MONSON & COMPANY, Peter Robert Lucero, and Jesse Monson, Third-Party Defendants. INTERLAKE THRIFT, a Utah corporation, Cross-Claimant, v. Dick E. COOMBS, Cross-Defendant. INTERLAKE THRIFT, a Utah corporation, Third-Party Plaintiff and Respondent, v. GUARANTY TITLE COMPANY, a Utah corporation, Southern Title Guaranty Company, Inc., aka Fidelity National Title Insurance Company, Inc., Mark J. Williams, an individual, and Ruth R. Coombs, an individual, Third-Party Defendants.

Court of Appeals of Utah.

Rehearing Denied February 28, 1989.


Attorney(s) appearing for the Case

Samuel King (argued in rebuttal), Eric P. Hartman (argued), Salt Lake City, for plaintiffs and appellants.

Thomas T. Billings, John W. Andrews (argued), Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for Interlake Thrift.

R. Mont McDowell, Salt Lake City, for Dick & Ruth Coombs.

William D. Holyoak, Salt Lake City, for Peter Lucero.

Brant H. Wall, Salt Lake City, for Sec. & So. Title.

Dennis R. James, Salt Lake City, for Guar. Title.

Lon Rodney Kump, Salt Lake City, for Mark Williams.

Before GARFF, DAVIDSON and JACKSON, JJ.


OPINION

DAVIDSON, Judge:

George and Lillie Perkins (appellants) seek reversal of the trial court's order finding priority of interest in respondent Interlake, refusing to grant punitive damages, and limiting the award of attorney fees. We reverse.

Appellants owned property in Salt Lake City which they agreed to sell to the Coombs Investment Corporation (CIC). The earnest money agreement of September 22, 1980, provided in pertinent part:

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