Smith v. Warr
Supreme Court of Utah
564 P.2d 771 (1977)
- Written by Richard Lavigne, JD
Facts
Smith (plaintiff) entered into a contract to purchase a parcel of real property from Warr (defendant). After the agreement was executed, Warr was named as the defendant in an adverse possession action. Smith was joined as a defendant in the adverse possession action. Smith counterclaimed against Warr for breach of the purchase contract but continued to make payments in accordance with the contract. The trial court entered a judgment of adverse possession against Warr and judgment in favor of Smith on the breach of contract claim. The trial court found that Warr had not acted in bad faith and awarded damages to Smith in the measure of his expenses and payments made. The trial court declined to award costs and attorney fees. Smith appealed on the issue of appropriate damages.
Rule of Law
Issue
Holding and Reasoning (Wilkins, J.)
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