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GROSSEN v. DeWITT

No. 981280-CA.

982 P.2d 581 (1999)

Earl L. GROSSEN, Plaintiff and Appellee, v. Derel K. DeWITT and Afton H. DeWitt, Defendants and Appellants.

Court of Appeals of Utah.

May 20, 1999.

Attorney(s) appearing for the Case

Fourth District, Provo Department The Honorable Anthony W. Schofield.

Brian K. Haws and Gordon W. Duval, Duval, Hansen, Witt & Morley, LLC, Pleasant Grove, for Appellants.

Russell A. Cline, Crippen & Cline, Salt Lake City, for Appellee.

Before Judges BILLINGS, DAVIS, and ORME.

ORME, Judge.

¶ 1 Appellants seek reversal of the trial court's dismissal of their counterclaim granted at the close of their case-in-chief. Because the facts as found by the trial court support dismissal, we affirm, even though appellants proved a prima facie case.

FACTS

¶ 2 In 1993, appellants Derel K. and Afton H. DeWitt entered into an agreement with Mary Ada Grossen, now deceased, and appellee Earl L. Grossen to purchase a parcel of...

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