Legal Opinion · Dissent

Bullock v. Joe Bailey Auction Co.

Utah Supreme Court

Decided May 22, 1978No. 14845Published

1DissentCrockett, Justice

I dissent for the following reasons.

In reversing the trial court’s determination that no sale has been made, it seems to me that the main opinion departs from fundamental and important rules of review. The findings of the trial court are entitled to a presumption of correctness.1 We should assume that it believed those aspects of the evidence which support its findings; 2 and its refusal to find that a sale had been completed should be sustained unless the evidence was sufficient to compel such a finding.3

Pivotal findings of fact made by the trial court, which find support in the evidence,…

2Cases cited4 opinions

  1. Walker Bank & Trust Co. v. First Security Corp.Utah Supreme Court · 1959
  2. Robertson v. HutchisonUtah Supreme Court · 1977
  3. C. G. Horman Co. v. LloydUtah Supreme Court · 1972
  4. Yellowstone Livestock Commission v. DupuisMontana Supreme Court · 1958

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