Grossen v. DeWitt

ORME, Judge.

¶ 1 Appellants seek reversal of the trial court’s dismissal of their counterclaim granted at the close of their case-in-chief. Because the facts as found by the trial court support dismissal, we affirm, even though appellants proved a prima facie case.

FACTS

¶ 2 In 1993, appellants Derel K. and Af-ton H. DeWitt entered into an agreement with Mary Ada Grossen, now deceased, and appellee Earl L. Grossen to purchase a parcel of property in Payson, Utah. Under that agreement, appellants signed a promissory note, which was secured by a trust deed in favor of the Grossens. Although…