Continental Bank & Trust Co. v. Cunningham

10 Utah 2d 329 (1960)

353 P.2d 168

CONTINENTAL BANK & TRUST CO., PLAINTIFF AND RESPONDENT,

v.

CHARLES CUNNINGHAM AND WINFORD BUNCE, DEFENDANTS AND APPELLANTS.

No. 9138.

Supreme Court of Utah.

June 9, 1960.

Harry E. Snow, Moab, Maxwell Bentley, Salt Lake City, for appellants.

Albert J. Colton and Kent Shearer (of Fabian & Clendenin), Salt Lake City, for respondent.

HENRIOD, Justice.

Appeal from summary judgment dismissing defendants' counterclaim. Affirmed. Costs to plaintiff.

Plaintiff sued on a note secured by a second mortgage, executed to obtain funds to improve defendants' motel property. The motel…