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Show I MONDAY, OCTOBER 28, 1974 INTERMOUNTAIN COMMERCIAL RECORD PAGE NINE In the Supreme Court of The State of Utah tution. 0 The promise ii purely ficticious and is implied in order to fit the actual cause of action to the remedy. The liability exists from an implication 265 P. 2d 1002 (1954). 3. 1 Utah 2d 291, 4. 1 Williston On Contracts (3rd Ed.) Sec. 31, pp. 5. Thatcher Chemical Co. v. Salt Lake City Corp. , 21 Utah 2d 355, 445 P. 2d The defendant, City, asserted its immunity to such an action, Sections and 10(2)(6), U. C. A. 1953, as amended 1965. 11 The trial court did not err in rendering judgment to the defendants. 63-30- 294-29- 5, -3 82-8- 4. WE CONCUR: 769 (1968). 6. Williston On Contracts (3rd Ed. ) Sec. 3, pp. of law that arises from the facts and circumstances independent of agreement or presumed intention. Where the facts indicate a duty of the defendant to pay, the law imputes to. him a'promise to fulfill that obligation.'' In states distinguish actions of tort, a proceeding at law for restitution ing actions of contract from & of an action contract. Thus is again, plaintiff encounters the statutory re- quirements which mandate his contractual obligation is void without fulfillment 1 5.. F. Henri Henriod, Justice Ellett, Justice A. H. of the requisite formalities. There is one other aspect which must be considered. - J. Allan Crockett, Justice ... As the law may impose any obligation that justice re-- quires, the only limit in the last analysis to the category of quasi contracts is that the obligation in question more closely resemble those created by contract than those created by tort. . . . ' ' 7. 66 Am. Jur. 2d, Restitution and Implied Contracts, Sec. 2, pp. 943-94- 4. 8. Restatement, Restitution Sec. 5(b). 9. 1 Williston On Contracts' (3rd Ed.) Sec. 3, p. 13. 10. Restatement, Torts, Sec. 525. 11. The fact should not be overlooked that the defendants brought to the attention of he court that the Airline Foods lease had been filed with the City Recorder, in U. C. A. 1953, as amended 1961, thus imparting accordance with Sec. of its provisions to plaintiff. constructive notice review of plaintiff's complaint compels a conclusion that it is a tort A action, alleging deceit. One who fraudulently makes a misrepresentation of fact, opinion, intention or law for the purpose of inducing another to act or refrain from action in reliance thereon in a business transaction is liable to the other for the harm caused to him by his justifiable reliance upon the misrepresentation. Inc., DeWitt Distributors, 10-10-- Plaintiff and Respondent, FILED October 21, 1974 v. Bond Furniture, Inc. , et al.-Defendants and Appellant. This matter having come on regularly for hearing before Court on the 25th day of January, 1974, purthe suant to plaintiff's motion for an order fixing the amount of costs and attorneys' fees to be awarded plaintiff in this action, the plaintiff appearing by Roger J. McDonough, its attorney, their atand the defendants appearing by Paul Cotro-Mane- s, torney, and evidence having been introduced and the Court being fully advised in the premises, , Allan E. Mecham, Clerk above-entitl- ELLETT, Justice: DeWitt Distributors commenced an action against Bond Furniture, Inc. , et al. , to recover the sum of $21 , 566. 08 together with interest and all costs and expenses incurred in the action and to enforce a promissory note and trust deed given to secure the debt, including attorney fees. -- motion was made to have the court fix the amount of costs and attorney fees, and notice of the time and place for the hearing was given to the attorney for Bond Furniture, Inc. At the hearing the court gave judgment fixing the attorney's fee at $1 , 834. 30. A E. R. Callister, $15,000 SFD Coates Bros. 2242 Zions Dr. $17,000 SFD Gam Christensen 2878 E. Valleyview Ave. $25,000 Service Engineers 4688 Kathleen Ave. $14,00OSFD Service Eng. 3905 Kallie Cir. $14,000 SFD Ave. $14,000 SFD Service Service Ave. SFD. Donal Thorup 3062 Thorup Cir. F.ng. 4703 Kathleen So. SFD Service Eng. 3028 Don Francisco $14,000 SFD Service Eng, 3044 Don Francisco $14,000 SFD Service Eng. 4709 Kath- leen Ave. $14,000 SFD Holmes Jensen 4 IS 2 So. Alice Way $16,000 SFD Holmes & Jensen 4198 So. Alice Way $20,000 SFD Holmes Jensen 4188 So. Alice Way $20,000 SFD $179,000 seminary 656.271 3536 So. Invest. Z West Temple $56,000 3300 So. 1300 E. store Lynn Carter 3468 E. 9055 CapitolW. Indust. 3270 lante $29,000 office K D ANDERSON . HOFFMAN 393 RENTALS 39U MAX D BURTON $13,555 395 RAY BARTON $9892 CONSTRUCTION COX ELECTRONICS ROCK! MOUNTAIN DAVE HELMS MAINTENANCE Honry Page 4816 Valley- 720 I PAUL SHARROTT ETUX 1369 to Gary 0 Spencer etux Land Title $6000 Address Not Available MCGhie 581 HERITAGE $1233 Sandy 590 CORP to Valley to B RENSHAW NORA Ala op Utah Title Paul Address Not Available HUBERT MACHIEL DUBBELMAN JR ETUX United Sav Guardian $23,500 3926 S h800 Title to West 596 TERRY L LINDGREN ETUX Western Pacific Finan Guardian Title $30,550 S 260 E Midvale ROYAL 596 OFFICE ELECTRIC $5958 708 CONTINENTAL CONCRETE INC All Tax Liens are NOTE: Payable to the Department of the' United States Treasury Trust Deeds Trust Deed: A conveyance of real estate to a third person to be held for the benefit of a cestuique trust Carbon Ribbon Automatic Pipar Lock Tissue Dafltctor Superior Press work Fingerflow Keyboard Rod and Ready Margin Justifying Scala Indicator Page-En- d Paper Injector Touch Control Noiseless Carriage Return Card Guide 2l SER ERNEST EDM0ND $1670 r' to to Peoples Finance Saperstein $7618 H J ERNEST M REGULAR 465.00 Ul88 Falcon Street 5k5 FED OR ETUX 518 ERNEST M to to Security Title FEDOR ETUX Prud Fed Sav 325 50 SALT LAKE COPY NOW Prud Fed Sav Security Title $33,850 Lot 19 Cottonwood Meadows Plat "F" Sub HOUR GIB30N $U32 Carriage Swing Tabulation Carbon Steel Type Ban Right Margin J unifier Line Finder ROBERT A CHRISTENS ON Comm Sec Bk $23,000 2996 E 3175 S 52li PAUL A FOOTE ETUX SYSTEMS ARES CORP Magic Margina ' Magic Monitor Seven Repeats Double Roll High-spee- d 522 ETUX . 361 East 2nd So. T Abs $UUU9 & CLOSE OUT SALE 357 SALES TECHNICAL & MANAGEMENT STM RECRUITERS INC $2669 358 LAD0N D FARNSWCRTH ETUX "7 601; $738 $3863 SFD 575 (beneficiary) UTAH WESTERN 585 Fed Sav $36,000 Princeton Av. to United Sav Utah Title $29,200 1313 E 8020 S 59li to Firat $601 EDWARD M SHEA DBA $79L6 $21,000 SFD Ralph Lords 3818 So. 7080 ETUX Murray $5703 $2193 CORP $1055 BEN G HOFFMAN 58b $65l M THAYNE Tr $26,600 RAWS ON DENNY BATTERSON $2115 ROLAND S GUSTAVSON ETUX 583 Mills Dr. $21,000 R & $8781 SFD Palph Creer 4701 Kelly Lane $45,000 SFD Ralnh Lords 7058 Copper W. RAWS0N MEDIA DRAPERYS SFD LOUNGI Circle & DAVID B UDY ETUX $1263 356 CAFES $1729 RUTH ELAINE WEISS $697 JOHN C JOHNSON ETUX $519 COTTONWOOD FUR FARM INC 392 PLS 4 to to ETUX Bk 587 Fed Sav $22,800. 1010 Powers 565 GARY 352 RICHARD A DOWELL ETUX $1101 353 BRENT H BARNES, RITZ $975 H.W. Amundsen 8392 Rsca- - Dr. L GEORGE 390 391 2160 So. $140,000 HURRY $883 So. $22,000 SFD Pick Winters 2782 E. 9460 So. $22,000 SFD Norman Olsen 3661 Brigh- ton Pt. Dr. $50,000 385 386 387 388 389 . retail $245,000 ROBERT JRS $1202 351 TECHNADONTICS PORKYS officewarehouse Suncoast Prop. 272 MAY PAR INV BAR JOHNSON ETUX B EVANS KENNETH First $1091 M American Sav & Loan $50,000 8051 S 1715 E Sandy $3580 $110 MASONRY & & F. Henri Henriod, Justice Chief Justice CLIFFORD 562 3h9 ELD0N LEWIS, LEWIS DISTRIB DON NEFF ETUX ROBERT 555 $10,168 OF MUSIC OF UTAH 3U8 HOUSE 351i COLUMN TYPE CO $h066 355 .MAX C CHRISTIANSEN ETUX $3330 828 WILLIAM WINGER ETUX $U310 829 JOSEPH N REVILL ETUX $7565 655 308 MAX JARAMILLO, SALT LAKE BODY k PAINT $1016 309 ALLAN S MACKAY $192 65U 827 & to $558 3h7 ALDERS SALES CORP 350 ' Trust Deeds 657 3U6 ACTION PRINTING CENTRE CONOCO Tax Liens , R 10400 Joseph Hoggan 3201 So. 2700 E. $20,000 SFD Eng." 4698 Kathleen $14,000 SFD W. $35,000 Church 1970 LDS Jr. , $3U,U00 Lot 17 Cottonwood Meadows Plat "F" Sub Cycle Villa $2157 view Dr. ' R. L. Tuckett, Justice J. Allan Crockett, Justice 1. Buchanan v. Cretes, 106 Utah 428, 150 P. 2d 100 (1944). 793 R0GSI MORTIMER ETAL Building Permits " " ' ' Tax Liens New County SFD ' ; WE CONCUR: Bond Furniture, Inc. , has appealed from that judgment, claiming that there was no evidence upon which the court could base the ruling. No transcript of the hearing has been brought to this court, and counsel for Bond asserts that there is none. $42,000 - The judgment of the trial court is affirmed, and costs on this appeal are awarded to the respondent. duly-entere- David Day 621 E. 13800 So. ed IT IS HEREBY ORDERED, that plaintiff be and it hereby the sum of $1 , 834. 30 as costs and reasonable awarded is attorneys' fees in the above -- entitled action. Thereafter the parties entered into a stipulation whereby it was agreed that the defendants owed the plaintiff the sum of $22, 203. 28 "plus plaintiff s.f.osts and attorney's fees incurred in this action.", None of the defendants answered, and the default of all was , William Saunders 3127 So. 4180 W. $14,000 SFD 61, We presume the ruling of the trial court to be correct unless an 1 appellant shows to the contrary, and in this case there is nothing to show that there was no evidence given to the court to justify and sustain the judgment. To the contrary, the order signed by the trial judge refutes the claim of the appellant and is as follows: No. 13625 a corporation, Tuckett, Justice R. L. Ph. 364-35- 25 to 7102 |