Utah Supreme Court, 1980

Faatz v. Forsythe

Faatz v. Forsythe
Utah Supreme Court · Decided February 27, 1980 · Hall
607 P.2d 843; 1980 Utah LEXIS 879 (Pacific Reporter, Second Series)

Faatz v. Forsythe

Opinion of the Court

PER CURIAM:

This is an appeal from that portion of a judgment of the District Court, Sevier County, which awarded plaintiff $755.25. A recitation of the facts would not be illuminating. The sole contention on appeal, in essence, relates to plaintiff’s claim that the findings are not supported by the evidence. We disagree. A review of the record shows that these findings and, hence, the judgment are supported by credible, substantial evidence.

Affirmed. Costs to plaintiffs.

Dissenting Opinion

HALL, Justice

(dissenting):

The ruling of the trial court is necessarily based upon inadmissible parol evidence offered for the purpose of varying the terms of the unambiguous contract of the parties.

I would reverse.

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