David W. Heath and Susan M. Heath V. Book Reviews

David W. Heath and Susan M. Heath V. by Supreme Court Of Utah Book Summary

STEWART, Justice: This is an appeal from a denial of a motion to set aside a default judgment entered against defendant Donald A. Mower for fraudulent misrepresentation. The case originated November 11, 1975, when plaintiffs filed a complaint alleging that defendants Future Community Homes of Utah, Inc. (hereinafter referred to as "Future") and Futures president, Mower, had breached a construction contract with the plaintiffs and that the defendants had made fraudulent misrepresentations upon which plaintiffs relied to their detriment. Defendants failed to file an answer to this complaint, and a default judgment was subsequently entered against them. On January 30, 1976, defendants appeared and moved to set aside that default judgment on the ground they had not been served with a summons and had not been made aware of the existence of the complaint until after the default judgment was entered. The trial court granted defendants motion to set aside and permitted plaintiffs to file an amended complaint. On February 27 plaintiffs filed their amended complaint; on March 18 defendants answered and counterclaimed on the ground plaintiffs had repudiated the agreement and had refused to make payments on the agreement. Plaintiffs duly replied to this counterclaim. Defendants moved to dismiss the causes of action against both defendants, but the trial court denied their motions on April 13, 1976.

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