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SMURTHWAITE v. PAINTER

No. 880073-CA.

755 P.2d 753 (1988)

Alfred T. SMURTHWAITE, Plaintiff and Appellant, v. John PAINTER, Defendant and Respondent.

Court of Appeals of Utah.

June 10, 1988.

Attorney(s) appearing for the Case

Peter C. Collins (argued), Winder & Haslam, Salt Lake City, for plaintiff and appellant.

Taylor D. Carr, Salt Lake City, for defendant and respondent.

Before DAVIDSON, JACKSON and GARFF, JJ.

OPINION

DAVIDSON, Judge:

Plaintiff Alfred Smurthwaite appeals the district court's judgment in favor of defendant John Painter dismissing Smurthwaite's complaint for no cause of action. Plaintiff relies on two theories: breach of contract and breach of an agistment bailment agreement, both arising from the death of ten of Smurthwaite's broodmares. We affirm.

At all times material hereto, Painter owned, leased, or otherwise controlled 390 acres (hereinafter...

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