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Dirks v. Cornwell
Court of Appeals of Utah
754 P.2d 946 (1988)
- Written by Ron Leshnower, JD
Facts
Alma and Wanda Butler sold property in Utah to Paul and Catherine Cornwell under a written contract of sale. The Cornwells borrowed $38,000 from Wilford and Dorothy Goodwill (defendants), signing a deed of trust executed in favor of the Goodwills. Later, the Cornwells defaulted on payments, and the Butlers terminated the contract of sale. The Butlers, who did not know about the existing deed of trust, resold the property to Darwin and Jacqueline Dirks (plaintiffs) without notifying the Goodwills about the default or the sale. The Dirks sued to quiet title and moved for summary judgment. The trial court granted the motion. The Goodwills appealed.
Rule of Law
Issue
Holding and Reasoning (Garff, J.)
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