Legal Opinion · Dissent

Thomas v. Caldwell

Utah Supreme Court

Decided May 15, 1972No. 12570Published

1DissentEllett, Justice

I cannot agree with the prevailing opinion, which affirms the ruling of the trial court. The facts of this case are not in dispute, as the defendants offered no evidence in defense.

The plaintiff, an elderly widow, inherited two Oriental urns and knew nothing of their value. The defendants were former neighbors and went to school with plaintiff’s children, and after years of separation returned and were visiting in her home. They represented to her that Stanley Caldwell was an expert appraiser of antiques, whereupon she asked if he would appraise some antiques for her. She told them that a…

2Cases cited1 opinion

  1. Newell v. HalloranUtah Supreme Court · 1926

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