FITZGERALD v. SPEARHEAD INVESTMENTS, LLC

No. 20190644.

493 P.3d 644 (2021)

2021 UT 34

Ken M. FITZGERALD and Five C.J. Properties, LLC, Appellants, v. SPEARHEAD INVESTMENTS, LLC and Alpine East Investors, LLC, Appellees.

Supreme Court of Utah.

Filed July 22, 2021.


Attorney(s) appearing for the Case

Bryan H. Booth , Salt Lake City, for appellants.

Thomas W. Seiler , Jared L. Anderson , Provo, for appellee.

Justice Himonas authored the opinion of the Court, in which Chief Justice Durrant, Associate Chief Justice Lee, Justice Pearce, and Justice Petersen joined.


INTRODUCTION

¶1 The Dutch have a saying that "promises make debt, and debt makes promises." Today, we expand on this commercial proverb to address what the law requires when a promise to pay is not kept and the limitations period has run. Specifically, we consider whether the equitable estoppel...

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