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MARK VII FIN. CONSULTANTS v. SMEDLEY

No. 880606-CA.

792 P.2d 130 (1990)

MARK VII FINANCIAL CONSULTANTS CORPORATION, Plaintiff and Appellant, v. Dale SMEDLEY and The First National Bank of Layton, Defendants and Appellees.

Court of Appeals of Utah.

April 30, 1990.

Attorney(s) appearing for the Case

Jackson Howard (argued), D. David Lambert, Leslie W. Slaugh, Howard, Lewis & Petersen, Provo, for plaintiff and appellant.

William Thomas Thurman, Scott C. Pierce (argued), McKay, Burton & Thurman, Salt Lake City, for Dale Smedley.

David E. Bean (argued), Bean & Smedley, Layton, for First Nat. Bank of Layton.

Before BENCH, GREENWOOD and LARSON, JJ.

OPINION

BENCH, Judge:

Plaintiff appeals a jury verdict awarding it damages for breach of contract and conversion. We affirm, but modify the judgment against defendant The First National Bank of Layton (Bank).

Prior to this dispute, defendant Dale Smedley owned approximately 200 acres of land in Morgan County, Utah. The land was mortgaged to the General Electric Credit Corporation (GECC) in the amount of $112,500. In June 1984, Smedley entered into...

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