Vincent v. Federal Land Bank of Berkeley

McDONOUGH, Justice.

Defendants Durrant appeal from a judgment awarding damages against them on two causes of action. On his “first cause of action” plaintiff sought a substantial recovery, but was granted only nominal damages for alleged breach of covenant to construct and maintain a division fence to the “water’s edge” of Provo Bay, a portion of Utah Lake. On his “second cause of action,” plaintiff was awarded damages for trespass of defendants’ livestock whereby a considerable part of plaintiff’s alfalfa seed crop was ruined.

The parties are adjoining landowners. The issues raised by the…