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LIPSCOMB v. CHILTON

No. 870139.

793 P.2d 379 (1990)

Robert L. LIPSCOMB, Jr., and Norman V. Chatfield, Plaintiffs and Appellants, v. Ronald J. CHILTON, Sally G. Chilton, and John Does 1 through 10, Defendants and Appellees. Ronald J. CHILTON and Sally G. Chilton, Third-Party Plaintiffs and Appellees, v. Tamara C. LIPSCOMB and Catherine D. Chatfield, Third-Party Defendants and Appellants.

Supreme Court of Utah.

June 6, 1990.

Attorney(s) appearing for the Case

Floyd W. Holm, Cedar City, for plaintiffs and appellants.

Ray M. Harding, Jr., Pleasant Grove, for defendants and appellees.

HOWE, Associate Chief Justice:

Plaintiffs and third-party defendants appeal from a summary judgment dismissing the complaint and awarding defendants relief on their counterclaim and third-party complaint. The trial court ruled that the six-year statute of limitations on actions founded on contract contained in Utah Code Ann. § 78-12-23(2) barred the complaint, plaintiffs' reply to the counterclaim, and third-party defendants' answer to the third-party complaint...

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