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COLLARD v. NAGLE CONST., INC.

No. 20050714.

149 P.3d 348 (2006)

2006 UT 72

Kathryn COLLARD, Trustee of the LeRoy Collard Trust, Plaintiff and Appellee, v. NAGLE CONSTRUCTION, INC., a Utah corporation; Gary M. Nagle, an individual, and Marilyn F. Nagle, an individual, Defendants and Appellants.

Supreme Court of Utah.

November 17, 2006.

Attorney(s) appearing for the Case

Kathryn Collard, Salt Lake City, for plaintiff.

Sean N. Egan, Salt Lake City, for defendant.

DURHAM, Chief Justice:

¶ 1 This case is before us on appeal from the Third District Court. Defendant Nagle Construction, Inc. (Nagle) challenges the trial court's order awarding it damages in the form of an offset for amounts owed under a Uniform Real Estate Contract by the LeRoy Collard Trust.1 The issue before us is whether the district court abused its discretion in fashioning the equitable remedy awarded below; we hold that it...

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