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SCHUHMAN v. GREEN RIVER MOTEL

No. 910367-CA.

835 P.2d 992 (1992)

Loyce SCHUHMAN; Theodore Newman; and Evelyn Newman, Plaintiffs and Appellees, v. GREEN RIVER MOTEL, a partnership; Gerald K. Strong; and W.B. Woodruff, Defendants, Third-Party Plaintiffs and Appellants, v. CENTRAL UTAH TITLE, INC., a Utah corporation, Third-Party Defendant and Appellee.

Court of Appeals of Utah.

Rehearing Denied August 31, 1992.

Attorney(s) appearing for the Case

Ralph J. Marsh (argued), Backman, Clark & Marsh, Salt Lake City, for appellants.

Paul R. Frischknecht, Manti, (argued), for appellees, Loyce Schuhman, Theodore and Evelyn Newman.

Clark R. Nielsen (argued), Henroid, Henroid & Nielsen, Salt Lake City and Ross Blackham, Ephraim, for Central Utah Title.

Before GREENWOOD, JACKSON and RUSSON, JJ.

RUSSON, Judge:

Green River Motel (Green River) appeals a judgment granting rescission of a contract between Green River and Theodore and Evelyn Newman due to a fraudulent misrepresentation by Green River. It also challenges the district court's finding that escrow was not "closed" as to require Central Utah Title, Inc. to disburse the sale proceeds to Green River. We affirm.

I. FACTS

On August 2, 1989, Loyce Schuhman, acting as agent for Theodore...

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