KLINGER v. KIGHTLY

No. 880003.

791 P.2d 868 (1990)

Robert B. KLINGER and Karol J. Klinger, Plaintiffs and Appellees, v. Eugene E. KIGHTLY, Helen L. Kightly, Harry D. Kreis, Peggy R. Kreis Barnett, United Farm Agency, Inc., and Gerald W. Wilkerson, Defendants and Appellants. Eugene E. KIGHTLY, Helen L. Kightly, Harry D. Kreis, Peggy R. Kreis Barnett, Third-Party Plaintiffs, v. Glen H. CALDER and John Doe Wilson, individually and dba Wilson & Calder, Third-Party Defendants and Appellees.

Supreme Court of Utah.

March 22, 1990.


Attorney(s) appearing for the Case

Ephraim H. Frankhauser, Salt Lake City, for defendants and appellants.

Rick J. Sutherland, Robert F. Babcock, Salt Lake City, for plaintiffs and appellees.


HALL, Chief Justice:

This case is on appeal from the Seventh District Court, Duchesne County. The trial court found for plaintiffs and rescinded a land purchase contract based upon mutual mistake. Defendants were allowed to bring a third-party complaint against the surveyor of the property, Glen H. Calder, John Doe Wilson, and Wilson & Calder (hereinafter "Calder"), who were eventually granted a summary judgment dismissal on the basis that the statute of limitation...

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