JOHNSON v. HEATH

Nos. 20-4095 & 20-4103.

56 F.4th 851 (2022)

Harry S. JOHNSON, an individual, Plaintiff-Appellant/Cross-Appellee, v. Michael HEATH, an individual; Dawn Heath, an individual, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

FILED December 28, 2022.


Attorney(s) appearing for the Case

Kirk C. Lusty , Salt Lake City, Utah, for Plaintiff-Appellant/Cross-Appellee.

James W. Jensen , Jensen Law Office, Cedar City, Utah, and Steven W. Call , Ray Quinney & Nebeker P.C., Salt Lake City, Utah, for Defendants-Appellees/Cross-Appellants.

Before BACHARACH, KELLY, and CARSON, Circuit Judges.


This case arises from a business deal gone sideways. Defendants Michael and Dawn Heath sold Plaintiff Harry Johnson a gasoline and automobile-service station in Wells, Nevada. But soon after the sale, Plaintiff allegedly discovered that the property had material, undisclosed defects and that Defendants had artificially inflated...

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