Rogers v. M.O. Bitner Co.

DURHAM, Justice:

M.O. Bitner Company (Bitner Company) appeals from a district court decision holding it liable to William and Patricia Rogers and Harold H. Bennett (Rogers and Bennett). The Rogers and Bennett claims are factually discrete and will be treated separately. An issue concerning the trial court’s denial of a mistrial motion purportedly made by Bitner Company on the basis of a conflict of interest is common to both the Bennett’s and Rogers’ claims and will be treated in the final section of this opinion.

Bitner Company owned a plot of land near Park City that it desired to sell as…