G. ADAMS LTD. PARTNERSHIP v. DURBANO

No. 880393-CA.

782 P.2d 962 (1989)

G. ADAMS LIMITED PARTNERSHIP, a Utah limited partnership, and C.A. Ferrin, Plaintiffs and Respondents, v. David L. DURBANO, Paul Sachter, Richard Mortensen, Steven R. Cundick, and Marlene H. Cundick, Defendants and Appellants.

Court of Appeals of Utah.

November 8, 1989.


Attorney(s) appearing for the Case

Douglas M. Durbano (Argued), John H. Geilmann, Durbano, Smith & Reeve, Ogden, for defendants and appellants.

William Schwartz (Argued), Shawn C. Ferrin, Hansen & Anderson, Salt Lake City, for plaintiffs and respondents.

Before GARFF, GREENWOOD and ORME, JJ.


OPINION

ORME, Judge:

Appellants are makers on (they say guarantors of) a note held by plaintiffs and initially secured by a trust deed. That trust deed was junior to a trust deed which was foreclosed nonjudicially. No proceeds from that sale were available to apply toward the obligation evidenced by the note at issue in this action. In due course, plaintiffs commenced this action to collect the full amount due on their now-unsecured note. They were awarded...

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