O'HAIR v. Kounalis

CALLISTER, Justice:

Plaintiff initiated this action to recover the unpaid portion of a series of loans she had made to defendants between October 30, 1962, and March of 1963. Defendants pleaded the four-year limitation of Sec. 78-12-25(1), U.C.A., 1953, as a bar, and Sec. 25-5-4(2), U.C.A., 1953, of the Statute of Frauds. Defendants, based upon the pleadings and depositions of the parties, moved for summary judgment, which the trial court granted on the ground that plaintiff’s claim was barred by the statute of limitations.

On appeal, plaintiff contends that the trial court erred in granting…