Legal Opinion

Wolf Mountain Resorts, LC v. ASC Utah, Inc.

Court of Appeals of Utah

Decided December 15, 2011No. 20100342-CAPublishedCited by 5 opinions

1Opinion of the Court

OPINION

THORNE, Judge:

T1 Wolf Mountain Resorts, LC (Wolf Mountain) appeals from the district court's entry of summary judgment in favor of ASC Utah, Inc. (ASCU). In its summary judgment order, the district court reformed the language of a mortgage's due on sale clause, accepting ASCU's argument that, in drafting the clause, the parties had twice inadvertently written the word "Mortgagee" instead of the intended word, "Mortgagor." We conclude that evidence submitted by Wolf Mountain in opposition to summary judgment cere-ated a question of material fact as to the parties' intent in drafting the…

2Cases cited7 opinions

  1. Orvis v. JohnsonUtah Supreme Court · 2008
  2. Winegar v. Froerer Corp.Utah Supreme Court · 1991
  3. Hottinger v. JensenUtah Supreme Court · 1984
  4. Haslem v. OttosenUtah Supreme Court · 1984
  5. West One Trust Co. v. MorrisonCourt of Appeals of Utah · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Burningham v. Westgate Resorts, Ltd.Court of Appeals of Utah · 2013
  2. Kranendonk v. Gregory & Swapp, PLLCCourt of Appeals of Utah · 2014
  3. Equine Holdings v. Auburn WoodsCourt of Appeals of Utah · 2021
  4. Pace v. Link Debt RecoveryCourt of Appeals of Utah · 2024
  5. Seamons v. WiserCourt of Appeals of Utah · 2020

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