Southern Title Guaranty Co. v. Bethers

OPINION

GARFF, Judge:

Southern Title Guaranty Co. appeals the dismissal of its unjust enrichment action against respondents Glenn J. Bethers and Telia Mae Bethers. We affirm the dismissal.

Appellant is a Texas corporation authorized to do business in Utah. On June 7, 1978, Sunwest II Development Corporation (Sunwest) agreed to purchase land from respondents to develop a subdivision. Respondents and Sunwest signed and recorded a trust deed securing Sunwest’s note for $82,950 in favor of respondents.

As part of the agreement, respondents agreed to reconvey title to one lot in the subdivision for…