NALDER v. KELLOGG SALES COMPANY

No. 8313.

4 Utah 2d 117 (1955)

288 P.2d 456

H. WILLIAM NALDER, CATHERINE NALDER AND H. WILLIAM NALDER, JR., PLAINTIFFS AND RESPONDENTS, v. KELLOGG SALES COMPANY, A CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

October 11, 1955.


Attorney(s) appearing for the Case

Ray, Quinney & Nebeker, Salt Lake City, for appellant.

Richards, Bird & Bushnell, Salt Lake City, for respondents.


LEWIS, District Judge.

Action by respondents to recover damages which they allege occurred as the result of appellant's wrongful failure to release both real and chattel mortgages. The matter was tried to the court sitting without a jury who rendered judgment in favor of respondents without distinction between them in the sum of $90,950.10 after allowing credit by set-off for an admittedly unpaid debt secured by one of the mortgages in issue. The judgment is reversed...

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