Utah Valley Bank v. Tanner

HALL, Chief Justice:

Plaintiff Utah Valley Bank appeals the judgment of the district court which denied recovery of the balance due and owing on a promissory note from defendant Dan McGraw. 1 The issue presented by this appeal is whether the court erred in its determination that the promissory note was ambiguous in its terms necessitating the introduction of extrinsic evidence to resolve the ambiguity. The following is a reproduction of pertinent portions of the note executed by the parties:

The trial judge aptly observed that the initial recital in the note designates Paul Tanner Homes and Dan…