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MacKAY v. HARDY

No. 940058.

896 P.2d 626 (1995)

Keith MacKAY and State Stone Inc., Plaintiffs, v. Roy E. HARDY, J. Earl Jones, Bloomington Knolls Association, a Utah nonprofit corporation, Rex L. Jackson, a Utah limited partnership, and Rex Jackson, an individual, Defendants. J. Earl JONES, Cross-Claim Plaintiff and Appellee, v. Roy E. HARDY and Rex Jackson, Cross-Claim Defendants and Appellants.

Supreme Court of Utah.

May 18, 1995.

Attorney(s) appearing for the Case

James L. Barker, Salt Lake City, for Jones.

D. Williams Ronnow, Timothy A. Bodily, John J. Walton, St. George, for Hardy, Jackson, and Rex L. Jackson, Ltd.

J. MacArthur Wright, St. George, for Bloomington Knolls Assoc.

ZIMMERMAN, Chief Justice:

J. Earl Jones brought this cross-claim against Roy E. Hardy and Rex L. Jackson for an accounting and wind-up of a dissolved partnership pursuant to sections 48-1-34 and 48-1-40 of the Utah Code. The district court awarded Jones $76,673.23 for his interest in the partnership. Hardy and Jackson now contend that the district court erred in (i) concluding that the partnership held an equitable interest in forty-two lots subject to a lease held...

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