Bennion v. Comstock Investment Corp.

Plaintiffs brought a declaratory judgment action to cancel a promissory note given by them to the defendant, Comstock Investment Corporation (Comstock), in return for moneys used to construct improvements on property leased from William Newell. Comstock counterclaimed for judgment on the note. Defendant, Raymond Batten, Jr., the successor in interest to the property, counterclaimed for damages for unlawful detainer. From a judgment canceling the note and awarding defendants $346.69 for unpaid rent, all parties appeal. We reverse.

Three questions are presented: (1) Was there a failure of…