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KLAS v. VAN WAGONER

No. 900493-CA.

829 P.2d 135 (1992)

John H. KLAS, Plaintiff and Appellant, v. Mark O. VAN WAGONER and Kathryn Van Wagoner, Defendants and Appellees.

Court of Appeals of Utah.

March 27, 1992.

Attorney(s) appearing for the Case

Brant H. Wall (argued), Cory R. Wall, Wall & Wall, a.p.c., Salt Lake City, for plaintiff and appellant.

Lewis T. Stevens (argued), Alexander H. Walker III, Kristin G. Brewer, Salt Lake City, for defendants and appellees.

Before BILLINGS, ORME and RUSSON, JJ.

OPINION

ORME, Judge:

Plaintiff, John H. Klas, appeals from the trial court's ruling entitling defendants to rescission of an Earnest Money Sales Agreement, challenging the trial court's determination that the defendants made a unilateral mistake. Defendants also seek clarification on the issue of damages and attorney fees on appeal. We reverse and remand for further proceedings.

FACTS

This matter was tried to the court on May 9, 10, and...

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