1st Ok Corp. v. Curtis

ELLETT, Justice:

The appellant, 1st OK Corporation, brought this suit to enforce the terms of a real estate contract. The respondents, Curtis, counterclaimed asking for rescission because of fraud practiced upon them by the appellant. The Utah Abstract Company agreed to abide the order of the court and no affirmative relief was asked against it. The matter was tried to a jury which *158gave a general verdict and answered special interrogatories all in favor of the respondent.

The plaintiff appealed and makes a claim of two errors committed by the trial court, viz.:(a) The court instructed on the…