FMA Financial Corporation v. BUILD, INC

17 Utah 2d 80 (1965)

404 P.2d 670

F.M.A. FINANCIAL CORPORATION, A CORPORATION, PLAINTIFF AND RESPONDENT,

v.

BUILD, INC., A CORPORATION, ET AL., DEFENDANTS AND APPELLANTS.

No. 10292.

Supreme Court of Utah.

August 10, 1965.

Horace J. Knowlton, Salt Lake City, for appellants.

Moyle & Moyle, Hardin A. Whitney, Jr., Salt Lake City, for respondent.

CROCKETT, Justice.

F.M.A. Financial Corporation sued Build, Inc., on a note and to foreclose a mortgage which the latter had given to the plaintiff's assignor, Cook Realty Company, in payment of commission on a real estate transaction. The defense asserted in the…