STACEY PROPERTIES v. WIXEN

No. 880127-CA.

766 P.2d 1080 (1988)

STACEY PROPERTIES, a Utah limited partnership, Plaintiff, Appellant, and Cross-Respondent, v. Ben WIXEN, Francine Wixen, Bernie Goler, and Bonnie Goler, Defendants, Respondents, and Cross-Appellants.

Court of Appeals of Utah.

December 20, 1988.


Attorney(s) appearing for the Case

Robert M. Anderson, William P. Schwartz (argued), Hansen & Anderson, Salt Lake City, for plaintiff, appellant, and cross-respondent.

Clark Waddoups, Ronald G. Russell (argued), Larsen, Kimball, Parr & Crockett, Salt Lake City, for defendants, respondents, and cross-appellants.

Before GARFF, BENCH and JACKSON, JJ.


BENCH, Judge:

Plaintiff appeals from final judgment on an action to accelerate the balance due on a promissory note. Defendants appeal from final judgment on their counterclaim for breaches of warranty and contract. There are three issues presented for review. First, did the trial court err in dismissing plaintiff's claim for acceleration of the balance owed on the promissory note? Second, did the court err in measuring damages to be awarded defendants on their counterclaim...

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