Supreme Court of Utah
564 P.2d 771 (1977)
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
Holding and Reasoning (Wilkins, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 238,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.