Nalder v. Kellogg Sales Company

HARDING, District Judge.

This is the second time this case has been before this court on appeal. The former opinion is reported in 4 Utah 2d 117, 288 P.2d 456.

The action is to recover damages which the plaintiffs claim occurred as a result of defendant’s wrongful failure to release real and chattel mortgages. From an adverse verdict by .a jury and judgment entered thereon, the defendant appeals.

During 1949 the defendant financed the plaintiffs’ turkey raising operations, taking as security a real estate and a chattel mortgage. The plaintiffs suffered a loss that year and were unable to pay the…