Peterson v. Sevier Valley Canal Co.

LARSON, Justice.

Suit in the District Court of Sevier County to recover money paid under duress. The court found the payments were made under duress, but also found that defendant was entitled to certain set-offs, and gave plaintiff judgment for the difference, in the sum of $15.94. Plaintiff appeals, and defendant cross-appeals.

This case has been here before on appeal from judgment on the pleadings. Peterson v. Sevier Valley Canal Co., 100 Utah 516, 116 P. 2d 578. The trial court had granted judgment on the pleadings on the theory that the reply stated a different cause of action, or a…