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Show TUESDAY, MARCH 27, 197J THK DAILY RECORD PAGE FIVE In The Supreme Court Of The State Of Utah Ada F. Nuhn,. Plaintiff and Appellant, v. J. R. Broadbent, Defendant and Respondent. Deamer Finance fc Thrift Co. , Plaintiff and Appellant, The State of Utah, No. 13038 No. 13070 Plaintiff and Respondent, FILED FILED v. March 9, 1973 March 9, 1973 L. M. Cummings, Clerk Edward Grover Wilson, Defendant and Appellant. L. M. Cummings, Clerk v. J. R. Broadbent, TUCKETT. Justice: TUCKETT. Justice: The defendant was charged with the crime of uttering and passing a forged bank check. The defendant entered a plea of not guilty by reason of temporary insanity. A trial was had and the jury found the defendant guilty as charged. From the verdict and judgment of the court below the Defendant and Respondent. Two separate actions were filed in the court below for the recovery of money claimed due on oral contracts. The two cases were consolidated and tried together in the lower court. The court below found in favor of the defend- ant in each case, and the plaintiffs have appealed. In 1952, Ada F. Nuhn became the owner pursuant to the terms of her husband's will to a farm in Cache County, Utah. This tract of land is referred to in the record as the "Nuhn Place. " After acquiring the property Mrs, Nuhn Earl L. Fredrickson, who thereafter managed turned it over to her and controlled it, Fredrickson entered into a contract of sale with Vernon D. Law for the purchase of a second tract of land in May 1957. In October 1957, Fredrickson also entered into a real estate purchase contract with one Mark J. Udy for the purchase of a third tract of land. These tracts are referred to in Hie record as the "Law" and "Udy" places. son-in-la- w, Commencing in 1962 Fredrickson began feeding cattle for the defendant Broadbent. The feeding operation was commenced in Utah but in 1963 it was moved to the vicinity of Burley, Idaho. During the summer and fall of 1963, Broadbent delivered some 3, 000 head of cattle to Fredrickson in Idaho for feeding. Broadbent advanced $130,000 for the purchase of feed. In January 1964, feed for the cattle was in short supply, and after a meeting between Broadbent and Fredrickson it was agreed that Broadbent would take over the feeding operation and charge the cost thereof to Fredrickson's account. To protect Broadbent in the losses suffered in the cattle -- feeding operation, Fredrickson quitclaimed to Broadbent his interest in the Nuhn, Law and Udy properties. The water rights pertaining to the properties were also transferred to Broadbent. Broadbent promised to reconvey the properties if Fredrickson paid the losses before November defendant does appeal. On July 9, 1971, defendant cashed a check at a tavern in Salt Lake County, Utah. Defendant had been a customer at the tavern for some months and was known to the proprietor. The signature of the maker of the check was forged. Prior to the cashing of the check above mentioned, the defendant had been addicted to the use of various types of drugs, and during the month of May 1971, he was a patient in the psychiatric ward of the L.D. S. Hospital where he underwent treatment for the use of drugs. The court below instructed the jury that they should, find the defendant not guilty if the evidence showed that at the time the defendant passed the check in question he did not have a specific intent to defraud. The court also informed the jury that the defendant should be acquitted if the evidence showed that at the time of the alleged crime the defendant had substantially reduced mental capacity, whether caused by mental illness, mental defect, intoxication, or any other cause which diminished his capacity to the extent that he could not form a specific intent to commit the crime of forgery. The jury apparently did not believe that the defendant suffered from lack of mental capacity. The issue of the defendant's guilt having been submitted to a jury upon proper instructions, we discern no error which would justify a reversal of the verdict and the judgment of the court below. The judgment is affirmed. Small Claims Court 15, 1964. After Mrs. Nuhn turned over the management and control of her propto erty Fredrickson she signed several mortgages at his request. She received none of the proceeds from the mortgages nor did she receive any income from the farming operations. The Law and Udy properties were mortgaged to Golden Spike Equipment Company, which company thereafter assigned its interest to Deamer' Finance fc Thrift Co During the years 1962 and 1963, Deamer Finance fc Thrift Co. made further loans to Fredrickson which were secured by second mortgages on the Law, Udy and Nuhn properties. In January 1964, the Lockhart Company, which held the first mortgage on the Nuhn property, commenced foreclosure proceedings, and upon completion of the foreclosure Deamer purchased the interest of Lockhart to protect its second mortgages. As of April 1964, Fredrickson was indebted to Deamer in a sum exceeding $71,000. In 1964, Vernon D. Law filed sin action to forfeit and foreclose the real estate contract entered into with Fredrickson. At the completion of these proceedings Law conveyed title to Broadbent. In the year 1965, Broadbent also acquired title to the Udy property. During 1964 the president and accountant of the Deamer Finance fc Thrift Co. met with Broadbent and discussed the indebtedness of Fredrickson. During the conversation it appears that Deamer proposed to Broadbent that he pay the indebtedness owed to Deamer in consideration of Deamer's agreement to forbear foreclosing of the indebtedness against the properties. At the conclusion of their meeting Broadbent promised to contact Deamer at a later time. It is upon this purported contract that Deamer Finance fc Thrift Co. seeks a recovery in these proceedings. The claim of the plaintiff Ada F. Nuhn was based on a purported oral contract entered into by Fredrickson and Broadbent wherein Broadbent promised and agreed to pay Mrs. Nuhn the sum of $45, 000 for her interest in the property. At that time the encumbrances against the property equaled or exceeded its market value. At the conclusion of the trial the court found there was no promise nor agreement by Broadbent to pay any sum to the plaintiff Deamer. The court also found that there was no promise nor agreement by Broadbent to pay to Nuhn any sum of money. The court further found there was no basis upon which to award punitive damages to either of the plaintiffs. The court entered a judgment in favor of the defendant as to the claims of the plaintiffs. These being actions at law we do not apply the rules of review prevailing in equity cases. We do not reverse in these cases unless the evidence is such that all reasonable minds would be persuaded to reach a conclusion other than that arrived at by the trial court. It should be noted in these cases that the plaintiffs had the burden of establishing by a preponderance of the evidence that there was a meeting of the minds of the parties which resulted in a contract from their verbal declarations. The trial court found from conflicting evidence that no verbal contracts as contended for by the plaintiffs had been entered into. We find no basis for reversing that decision. One other matter requires our consideration and comment. The trial in this matter was commenced in June 1971 and after three days of hearing the trial was resumed on September 14, 1971. It appears that the trial was continued out of necessity created by the court's calendar. The record fails to show that any prejudice resulted to the plaintiffs by reason of the delay, and this is especially true in view of the fact that the court before making its decision had before it the transcript of the testimony and memorandums of the parties as to the law of the case. 30289 - Ziniks Sporting Inc. vs MYRON H. NORBECK Pltf$115.00; bal - Carol Berwick agent for First Thrift Loan 30290 vs Respondent is entitled to costs. WALTER GOUDSWARD GOUDSVARD; bal on acct Pltf$118.00 - Richard B. Hansen db Carrier Trlbuen Paper. Route vs L. H. 30292 - Roger R. Nulph vs F. LAM0NT GUNNERSON D. D. S. Pltf$45.00; bal - F. 30293 B. Maddox AND Pltf$200.00 30294 - B.D. Kumpfer dba American Microwave, Inc. vs ALAN D. FRANDSEN; 30295 - Douglas I. D. VENEKLASEN; - Albert 30296 TANNER Pltf Pltf$145.00; parts, etc vs D.H. STATION money paid for - The Blue Door vs C.J. 30297 Pltf$75.33 NEUENSCHMANDER; bal 30298 - Salt Lake Music Co. vs DEAN B. GRAHAM; Pltf$29.44 bal due on acct - G. E. Sawyer for Jack Clothes vs CHARLES GALVIN; Pltf$102.42; bal 30299 David A. - Carlos Lltster dba 30300 L its ter Distributor vs Pltf$137.16 TERESA JOHNSTON; bal due 30301 - Oliver John Nowell and Lila J. Nowell vs ROBERT DURAZO; rent, etc 30302 Pltf$174.57; Steven Beazer, minor vs RICK Pltf$100.00 refund on down payment on car - Susan Moody vs Pltf$119.76; 30304 - Catherine Mallak vs PETER J. HAUGEN; Mug-lest- on, daughter CROSS HOSPITAL Mr. and Mrs. Marcello G.Dro-que- tt, 2147 Westminster Ave, daughter Mr. and Mrs, Kent Hollingsworth 7928 155 East, Sandy, daughter Mr, and Mrs, George Thomas 1438 So. 12th West, daughter Mr, and Mrs. Frank M. Burton 315 E. Sunset, son Mr. and Mrs. Charles Harris, 419 Starcrest Dr, son Mr. and Mrs, Vernon Jones, 359 Vidas Ave, son Mr. and Mrs. Thomas Houston 2420 E. 3300 So. son VALLEY WEST HOSPITAL Mr. and Mrs. James E.Rogers, 4163 Bluejay,son Mr and Mrs. Conrad J. Tanner, 2422 9th East, son SOUTH DAVIS COMMUNITY Mr, and Mrs, Richard Frederik-se88 E, 3100 So. Bountiful, n, daughter - Shirley Beazer gdn for MAIMSTR0M; Pueblo St. son Mr. and Mrs, Lawrence 373 E. 3360 So. son Mr. and Mrs. A. Ralph Harding 313 W. Pamela Way, Sandy, son Mr. and Mrs. Randy Rosenbaum 4711 So. 2nd West, Murray, son Mr. and Mrs. John Winder Dahl-ber- g, 478 W. 2975 So. Bountiful HOLY Rook DBA damages t Morgan vs $80.00; auto damages bal due 585. Pltf$200 bal due on rental agreement WAYNE son Mr.' and Mrs. Larry Kershaw, 8329 Valiant Dr. son Mr. and Mrs. Flo Katon,467 E. Mr. and Mrs. Jon LLngwall,1054 RICHARD PANAGOS bal due on rent LDS HOSPITAL Mr. and Mrs, Larry Talbot ,478 E. Rcmalne Cl, Sandy, daughter Mr. and Mrs. Stanley M. Rich ins 197 E. 3l60 So. daughter Mr. and Mrs. Gene W.Bates, 3077 Mock Orange Dr. son Mr. and Mrs. Marc T.anith 3687 13th East, daughter Mr. and Mrs. Leighton L.Lee 163 13th East, daughter Mr. and Mrs. Kevin R.Draper 4340 W. 5460 So. son Mr. and Mrs. Miron I. Cox, Manila St son vs VICKIE PAN0G06; RUSSELL HANKS; Super Tire Market, Inc. v. Rollins, 18 Utah 2d 122, 417 P.2d 132; W. P. Harlin Const. Co. v. Continental Bank fc Trust Co. , 23 Utah 2d 422, 464 P. 2d Pltf$23.85 TIMBY; bal due 30303 1. AND CORRIE 30291 C. The decision of the court below is affirmed. Goods Births PEREA AND JUDY Pltf$42.80;auto Mr. and Mrs. Ronald Stout, 917 So. 900 East, Bountiful, daughter COTTONWOOD HOSPITAL Mr. and Mrs, Larry B.Glassett 9462 Cobalt Cl, Sandy, daughter Mr, and Mrs, Roger M.Heumann 2160 E. 3405 So. daughter Mr. and Mrs. William E.Rlma, 4125 W.4805 So. Kearns, daughter Mr. and Mrs, Joseph W, Walsh 5817 Golden Dr .Murray, daughter Mr. and Mrs. Rick Wiseman, 865 Wilmington Ave, Murray, daughtdT f |
