TATES, INC. v. SALISBURY

No. 880660-CA.

795 P.2d 1140 (1990)

TATES, INC., a Utah corporation, Plaintiff and Appellee, v. Eileen SALISBURY, Defendant and Appellant.

Court of Appeals of Utah.

July 16, 1990.


Attorney(s) appearing for the Case

Royal K. Hunt and Joseph Bottum (argued), Salt Lake City, for defendant and appellant.

Robert S. Howell and Lorin D. Ronnow (argued), Tibbals, Howell, Moxley & Wilkins, Salt Lake City, for plaintiff and appellee.

Before DAVIDSON and ORME, JJ., and BULLOCK, Senior District Judge.


OPINION

J. ROBERT BULLOCK, Senior District Judge:

Defendant Eileen Salisbury appeals from a summary judgment against her for breach of a contract for the sale of goods. The summary judgment was based on factual representations that Salisbury made in a 1984 document, representations that she attempted to controvert by affidavit. The district court disregarded her affidavit on the basis of the parol evidence rule. We hold that factual questions preclude summary...

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