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Show PAG! THK DAILY FOUR 1 ' RECORD "" ' MONDAY, OCTOBER 29, 1979 . 11 I In The Supreme Court Of The State Of Utah Robert Schocker, Plaintiff and Respondent, parties was and what the language meant, it certainly was Spratling, October 17, 1973 Milton Company, a Utah corporation, Defendant and Appellant. Be- sides, Spratling had testified for respondent and to the effect that the agreement was as claimed by respondent. This proffered letter would seem to be admissible as a possible impeachment of the testimony which he had given. with respondent The letter throws some light on what he as a was 33 it after was the signed. days thought agreement just FILED v. If anyone knew what the actual agreement of the cussion in his office. No. 13240 O. Bitne.r ser . L. M. Cummings, Clerk ELLETT, Justice: I Milton O. Bitner Company, hereinafter called appellant, owned a large ranch consisting of approximately 10,000 acres of land including Section 31 which was near the center thereof. The ranch was about to be lost through foreclosure. proceedings, and appellant was desperately trying to raise $40,000 to prevent the foreclosure proceeding. At a prior time it had sold to Schocker, hereinafter called respondent, and one Spratling 100 acres purchasers and of the land for a price of $5, 000. It had several prospective hoped to sell the entire ranch to one of those prospects. Had the court received the letter in evidence and considered it in determining what the original agreement was, he might have come to a different conclusion than that which he found from the evidence before him. 1.' Schocker and Spratling jointly obtained the deed and jointly raised the $40,000 to pay for it. Schocker testified that since Spratling was knowledgeable in such matters and was looking out for his own interest, he thought that Spratling would look out for that of Schocker. I think the court committed prejudicial error in refusing to admit die letter in evidence, and as a consequence the judgment must be and it is hereby reversed. The case is remanded for a new trial. Costs are awarded to the appellant. We i This appeal involves the interpretation of a document which was prepared by and in the office of Spratling, a lawyer, during a meeting of all interested parties. Spratling had represented the Bitners (officers of appellant) in prior legal matters, and they claim that they thought that he was representing them in their effort to save the ranch. He denied any representation, and the evidence does nor show that he was ever paid any fee for any such services. The document, hereafter called agreement, was as follows: WE CONCUR: E. R. Callister, Jr. Please be advised it is our understanding for loaning of various funds to Milton O. Bitner Company, prior to January 1, 1970, that we will guarantee you, individually and severally, that any and all acreage which must be purchased by you for completion of a package' sale of properties in Summit and Morgan Counties, may be purchased from us up to January 1, 1971, at the rate of $100.00 per acre on said property belonging to Schoiker and Spratling, regardless of what the cost may actually have been to Schocker, for cash Chief Justice , F. Henri Henri od, Justice J. Allan Crockett, Justice R. L. Tuckett, Justice only. ! This is a convenience for the Corporation in allowing Milton O. Bitner Company to try and meet its obligations as they fall due on mortgages and other pressing matters so that we may try and complete a sale and I realise there is a risk involved and, therefore, guarantee to you that you would be reimbursed this amount if the purchase is made. This is not necessarily an offer by Milton O. Bitner nor must it be purchased on January 1, 1971, but only as indicated if, for a package purpose, the property must be purchased by Milton 0. Bitner, it is so offered by Schocker. it understood, in addition, that for $40,000.00 to be advanced in acreage of Section 31 for Idaho Trailer Finance Company mortgage purchase and other mortgage payments, costs, etc. , that Milton O. Bitner Company will be given the right to repurchase up to September 30, 1970, for the amount of $60,000.00 for a package purchase sale. Be All parties agree that it is ambiguous, and evidence was given to show what the true understanding of the parties was. Spratling had reconveyed his halt interest in Section 41 to appellant and had been paid $30,000 for doing so. Appellant tendered respondent $30,000, but respondent refused to reconvey, claiming that the deed conveyed the land to him as a purchaser and that he was obligated to reconvey only if appellant needed the section in order to complete a sale of the entire ranch and that there was no sale for the ranch with or without Section 31. Appellant contends that it only borrowed $40,000, and to hide the usury provision it gave a warranty deed with the understanding that if it paid $60, 000, the land would be returned, and it did not know what was meant by the phrase ''package purchase sale. " The evidence which the court received would justify the finding and interest in Sejudgment made to the effect that Schocker owned a one-ha- lf the court not and sustained an objection ctional need reconvey it. However, to the introduction in evidence of a letter dated April 7, 1971, written by Spratling and sent to appellant with a copy to respondent which among other, things contained the following language: Bountiful Electricity Hook-up- John W. Doramus 665 N. 1100 E. Owner On On Valter On Cottle B. 527 S. 100 E. In Hugh Coleman 1075 E. Woodmoor Owner John E. Anderson 1209 N. 950E. Owner Millstreara Gardens 631 S. Main Own.r . 100 Stratford Meter W. Owner Change Wilbur R. Jeffries 1062 E. 2200 S. Owner On DavidHarris On 345 E. 100 N. Owner Off IDS Church 800 E. 1800 S. Owner 0n Riley Off Shirley Hill On Bruce Gifford 400 X Renter 162 100- W. - N Renter Off Craig Elkins 75 Off Renter 1000 N. W. M. H. Beasley 220 E. 1050 N. Owner 1209 N. 950 E. Owner Goodfellow W. 147 W. 200 S. Owner 2639 John S. Pols ter On 220 1050 . Owner . On Gam Evans 140 E. 400 S. Owner. . . . K Off Prank 612 S. 200 E. Off should also be noted that the acreage conveyed on March 6, 1970 in Section 30 to Schocker -- Spratling will be conveyed back at request of Bitner Company upon payment as agreed upon between the parties. Renter eith Off Victoria Thomas Owner W. On Thomas Wixotn 259 W. 650 S Renter On Noyes Wilmot 54 W. On Benjamin R. Wheeler 1000. N. 1969 S.t 50 W. Renter Owner C sustaining the objection to the introduction of the letter, the trial of the opinion that since it had not been proved that Spratling was the attorney for Schocker and Sprat iing was not a party to the proceeding, the letter was not binding on Schocker and was thus not admissible. In it was not necessary to prove the relation of attorney and client between Spratling and respondent in order to make the letter admissible. Spratling was a party to the agreement standing in the same posture as respondent. He was the author of the language contained in the agreement, which language he claimed was finally agreed upon after much dis- - Sunset Sports Center 439 S. 425 On Fred W. Renter Tony Rogers 295 E. Center Renter W. Owner 200 N. X I Dennis F. Davis 2215 S. Orchard 3' Renter On OnScott Christensen S.Main Renter ' 631 On DeWayne 196 W 85O Campbell S. Renter Paul K. Baxter 531 S. 400 E. Renter On John C. Laing Meter Char 63 E. 100 N. Owner 2566 to 417 Clyde Ricks W. Larry Despain Mortgages Release On 235 On Owner Sith 617 S.' Main On Owner To one 245 N. 500 court was W. 65O S 1534 N. 400 1629" S. 500 E. Owner On apts Cambridge Wood A It On 214 -- We think On Alonzo Knight 62 S. 200 W. D Owner Ingles 935 E. 400 N. Owner Renter On Hal Harrison Meter Change 1460 E. Millbrook Way Owner V. D. D Dee Nelson 408 E. 1450 N. Owner On James 11 On Owner Meter 'Change 244 Claude Parker On 453 N. 400 E. Enterpises W. 3 Owner Randy Perkins 390 E. 500 S. R nter Dale Capp. 501 S. 500 Renter On 373 E. Pheasant Cr. Owner On BA H 2 Eldonna Ralphs On 345 N. Dvis Blvd. Ownr On Carla Riches 235 S. Main Off John E. Anders n Please be advised that the Idaho Trailer Mortgage was paid off on assignment basis on March 6, 1970 by Robert Schocker and Ronald N. Spratling, Jr. The assignment was taken of this mortgage from Idaho Trailer Finance Company upon the presentation of the payment and said mortgage is being held for security purposes for any and all monies which have been advanced by Spratling Schocker which total at this time approximately $40,000.00. This mortgage is held as security for repayment of said monies of the $40,000.00 and in addition thereto any and all additional amounts which may be advanced. s 5 Renter 351 Valley Bank Dee W Holmes etal & Tr. Goverment Nat ITge. tc Robert H Rosquist etux |