Smurthwaite v. Painter

OPINION

DAVIDSON, Judge:

Plaintiff Alfred Smurthwaite appeals the district court’s judgment in favor of defendant John Painter dismissing Smurth-waite’s complaint for no cause of action. Plaintiff relies on two theories: breach of contract and breach of an agistment bailment agreement, both arising from the death of ten of Smurthwaite’s broodmares. We affirm.

At all times material hereto, Painter owned, leased, or otherwise controlled 390 acres (hereinafter, “the subject land”), located in Davis County, Utah. The subject land is divided into one 40 acre parcel with approximately 10 acres of…