Federated Capital Corporation v. Deutsch

CHRISTIANSEN, Judge:

¶1 This is a case about preservation. Federated Capital Corporation (Federated), an out-of-state corporation, and Neal Deutsch, an out-of-state individual, entered into a contract that specified an out-of-state place of performance but provided that the contract would be governed by Utah law in Utah courts. Federated filed suit against Deutsch for breach of contract. The district court ruled that Utah's borrowing statute applied because the other state's statute of limitations had run, and the court therefore granted summary judgment for Deutsch. Federated appeals, arguing…