Legal Opinion

Smoot v. Lund

Utah Supreme Court

Decided March 14, 1962No. 9515PublishedCited by 12 opinions

1Opinion of the Court

CROCKETT, Justice.

Plaintiffs appeal from a summary judgment dismissing a ser.ond cause of action alleged in their complaint. The dismissal was upon the ground that the defendants fully discharged the obligation due on the note which is the main foundation of said cause of action by tendering into court the sum of $15,347.50, the amoui t of principal and interest due thereon.

Plaintiffs allege: that the defendant Howard L. Lund was their attorney, and that after some solicitations by the latter, the plaintiffs agreed to loan him $36,000 to aid in financing a real estate subdivision venture;…

2Cases cited2 opinions

  1. Ephraim Theatre Company v. HawkUtah Supreme Court · 1958
  2. Evans v. GaisfordUtah Supreme Court · 1952

3Cited by12 opinions

  1. Cook Associates, Inc. v. WarnickUtah Supreme Court · 1983
  2. Kilpatrick v. Wiley, Rein & FieldingCourt of Appeals of Utah · 1996
  3. Applied Medical Technologies, Inc. v. EamesUtah Supreme Court · 2002
  4. Biswell v. DuncanCourt of Appeals of Utah · 1987
  5. Shaw Resources Ltd. v. Pruitt, Gushee & Bachtell, P.C.Court of Appeals of Utah · 2006

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