Klinger v. Kightly

HALL, Chief Justice:

This case is on appeal from the Seventh District Court, Duchesne County. The trial court found for plaintiffs and rescinded a land purchase contract based upon mutual mistake. Defendants were allowed to bring a third-party complaint against the surveyor of the property, Glen H. Calder, John Doe Wilson, and Wilson & Calder (hereinafter “Calder”), who were eventually granted a summary judgment dismissal on the basis that the statute of limitation *869had run for a claim against the surveyor of the land pursuant to Utah Code Ann. § 78-12-25(2) (1987). We reverse the trial court’s…