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MOUNTAIN STATES BROADCASTING CO. v. NEALE

No. 880192-CA.

783 P.2d 551 (1989)

MOUNTAIN STATES BROADCASTING COMPANY, a corporation, and Dan Lacy, an individual, Plaintiffs, Appellants and Cross-Respondents, v. Sterrett NEALE and Neale Broadcast Alliance, Defendants, Respondents and Cross-Appellants.

Court of Appeals of Utah.

Rehearing Denied July 20, 1989.

Attorney(s) appearing for the Case

Don R. Petersen, Leslie W. Slaugh, Provo, for plaintiffs, appellants and cross-respondents.

Stephen L. Henriod, Marilynn P. Fineshriber, Salt Lake City, for defendants, respondents and cross-appellants.

Before DAVIDSON, GREENWOOD, and ORME, JJ.

OPINION

ORME, Judge:

This appeal arises from a dispute over the purchase of two radio stations and their assets. Mountain States Broadcasting Company, the corporate purchaser, and Dan Lacy, Mountain States' president and guarantor of the promissory note given for the purchase price, commenced this action seeking a declaration of their entitlement to certain offsets against the note balance otherwise due. Neale Broadcast Alliance ("NBA"), the corporate seller...

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