FC STANGL, III v. Ernst Home Center

DAVIS, Presiding Judge:

Defendant Ernst Home Center, Inc. (Ernst) appeals the trial court’s judgment in favor of plaintiff F.C. Stangl, III (Stangl). We reverse.

FACTS

Generally, defendant accepts the trial court’s findings of fact. Thus, we recite the facts directly therefrom.

Stangl has been in the real estate development and construction business for numerous years. Since 1979, Stangl had an ownership interest in the property at issue here, the Jordan Valley Plaza (“Plaza”), in West Jordan, Utah. In 1981, Stangl sold the Plaza to Roger Broekbank, retaining for himself two contiguous parcels of…