CITICORP MORTG., INC. v. HARDY

No. 910035.

834 P.2d 554 (1992)

CITICORP MORTGAGE, INC., Plaintiff and Appellant, v. Wayne E. HARDY, Defendant and Appellee.

Supreme Court of Utah.

June 2, 1992.


Attorney(s) appearing for the Case

Bryan C. Robinson, Steven D. Brantley, Murray, for Citicorp.

R. Clark Arnold, Salt Lake City, for Hardy.


HALL, Chief Justice:

Plaintiff Citicorp Mortgage, Inc., appeals from the order of the Third Judicial District Court dismissing its complaint for a deficiency judgment against defendant Wayne E. Hardy.

In reviewing the dismissal of a complaint, this court affirms the grant of dismissal only if, as a matter of law, the plaintiff could not recover under the facts alleged. In considering the factual allegations in the complaint and other pleadings submitted to...

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