Co-Vest Corp. v. Corbett

SCOTT DANIELS, District Judge:

The law that is applicable in this case is governed by Rule 52(a) of the Utah Rules of Civil Procedure. A trial court’s factual findings will be affirmed unless they are clearly erroneous.

The point at issue is the construction of a written document. The document is a receipt of partial payment on a judgment with a promise to terminate a sheriff’s sale and release part of the real estate securing the judgment. The document also includes the following:

This will further acknowledge that you have tendered as full and final settlement the amount of $35,000.00,…