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COWLEY v. PORTER

No. 20040827-CA.

127 P.3d 1224 (2005)

2005 UT App 518

Tracy COWLEY, Plaintiff, Appellee, and Cross-appellant, v. Slone PORTER, Defendant, Appellant, and Cross-appellee.

Court of Appeals of Utah.

December 8, 2005.

Attorney(s) appearing for the Case

Darrel J. Bostwick, Jeffery R. Price, and Christopher C. Hill, Bostwick & Pricem Salt Lake City, for Appellant and Cross-appellee.

E. Craig Smay, Salt Lake City, for Appellee and Cross-appellant.

Before Judges GREENWOOD, McHUGH, and ORME.

OPINION

McHUGH, Judge:

¶ 1 On appeal from a bench trial, Slone Porter (Porter) challenges the district court's ruling that he breached a contract with Tracy Cowley (Cowley). Porter argues, first, that the district court's judgment should be reversed because it is based on claims not asserted in Cowley's complaint, and second, that several of the district court's factual findings relating to the terms of the contract are clearly erroneous. Cowley cross...

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