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Show THE SALT LAKE TIMES FRIDAY, AUGUST 20, 1976 Page Four Utah Supreme Court Opinions Rural Employment Registry Founded to Assist Students Two current goals of American students to get a job and to live have been in a rural area combined in a new program sponit educational sored by a Vermont in specifically to program assist students in their quest. The Rural Employment Registry, which was established this spring, invites high school and college students, skilled and unskilled, to register without charge for jobs in farming, ranching, horse husbandry, forestry, wildlife management, or recreation. The REgistry is then made available through mailings to over 35,000 potential rural employers across the land. Any employer having a position available in a rural area is also invited to list without charge. The Rural Employment Registry is operated by The Rural Resources Studies Center from its base in the n of Northern Vermont Common. Craftsbury The problem is simple to understand, but difficult to solve, states the Centers director, W. E. Berm-inghaThere are many worthwhile jobs available in rural areas for the right kind of student but the students are employee centered principally in the urban and suburban areas. Our registry is one way to bring job and person non-prof- hill-tow- togehter. The Rural Employment Registry is one of a number of programs the Center is developing in conjunction with its cooperating institutions. Most activities are geared to encourage liberal arts & science students and graduates to become involved in rural fields long considered the sole province of the land-grainstitutions. The problems and potentials of the rural regions in this country and abroad are both so great, continues Mr. Bermingham, who holds degrees from both liberal arts and land-grainstitutions, that we must bring every educational weapon we possess into play. The founding of our Center last fall was a step in this direction; the establishment of the Rural Employment Registry is another." Mr. Bermingham credits much of the Centers impetus to the experiit ence of Sterling, a postinstitution which prosecondary vides the Center with its campus case. Two years ago Sterling initiated a unique one-yecourse in agriculture, forestry, and wildlife management for college-boun- d liberal arts men and women students. Called The Grassroots Project in Vermont, it is generally taken after the senior year in high school, but college students have enrolled, as have high school seniors, who earn nt nt non-prof- ar their diploma along with specific skills. The October - June program is a careful blending of college-cred- it IN THE SUPREME waa not completed but waa later aat aaida. Thereafter, tha defendant aegoti. atad a purchaaa of tha 59 interaata of tha "Walkar Eatatea'' for $88,57, which flguree $22. 141 per I 9 intereat. Thle aala waa thereafter upon appro, priata petition, confirmed hy the probata court. Defendant then tendered intereat. Ptalntiffa $10, 000 to each ef tha plain'iffa for thalr reapectlve aaejs refuted tha tender, and (natituted thia ault. Tha trial court ruled that inaemuch aa tha Interaata of the "Walkar Eatataa" war not told in competitive bidding, under the language of the contracta tha plaintiff had no cauaa ef action againat tha defendant, but each muat accept tha $10. 000. COURT OF THE STATE OF UTAH ---- -- ooOoo ln Alta Faya Walkar Laka and Lyna Alvla Laka, Plaiatlffa aad Appellants No. 14291 FILED courses presented by nearby July 9. 1976 skill colleges, specific workshops The defendant placet reliance on tha etandard praaumptlon of crediHarmaa Aaaociataa, a partnar-ahland verity to be accorded tha finding and judgment of tha trial court, such as logging with chain saws and Allan E. Macham, Clarl bility However, in a race of thia nature, where the reaalutioa of tha comrovtray Dafaadaat and Raepoadaat. draft horses, and a strong emphasis depanda upon tha meaning to be given document, tha trial court ia In no more favored poaition and la no batter able to determine tha meaning of auck documew on the work ethic, including atthan la thia court. Therefore, aa to auch aa ieeua, thoaa praaumptiona do not! 1 titudes and procedures needed to CROCKETT. Justice; apply. secure and hold a job. Students Defendant la uaquaetlonably correct In ita argument, apparently pereua. Plaiatlffa, Alta Faya Laka and Lynn Alvin Laka, auad lor broach of eiva to tha trial court, that tha actual aala of tha 59 intaraat of the "Walker contracta by which defendant Harmaa Aaaociataa agreed to purchaee their elect a major in livestock agricul57 waa not in for Eatatea" tha arrived at $88, property through competitive each in proparty near 7200 South and Ninth Eaat in Salt Laka City ture, horse management, or wild to19beInteract bidding, but waa confirmation of a negotiated aala. Tha countervailing argument uaed in developing a a hopping mall. Dafandant'a poaition waa that the i that tha anpraaa word tha of of tha do not require that contracta plaintiff tarma of the contract called for $10,000 each bo tha purchaee price; whoreaa, area services, which combine wildauch a aala of tha "Walkar Eatatea " Interaata be incraaaad by competitive tha plaiatlffa contend that tha contract tied tha purchaee price to any prorata life management and forestry. in order to Improve plaintiff1 price. What It atataa ia that if the "hide" Increaaaa obtained for tha othar 19 lataraete In tha property involved in profar thoaa interaata are Improved by competitive bidding, than tha plaintiff are 02 each far 141. their to which would them entitle $22, bata for into the proceeding, qualifications entry to in entitled tha Increaae prorata price. eharee. Upon a trial, tha court made finding a and judgment adoptprogram include a college-entranc- e ing tha dafandant'a poaition. Plaint Iff appeal. no be can There queation but that in the fir at aala of the 59 Intereat of academic ability, a sincere interest tha "Walkar Eatataa" In tha probata procaedinga there waa competitive hiddisw, Tha property la queation waa originally owned by tha Walkar family. in rural activities, and a desire to which raaultad in tha offer of $92, 612. Evan though difficulty developed o In which plaiatlffa are helre. It waa hold in joint ownarahip by plalntlffe and that aala waa aat aaida and latar a negotiated aala for $88, 57) to thia daftndaw othar family mambara la tha following Intaraatai Plaintiff Alta Faya Laka develop special outdoor work skills. waa confirmed by tha court, tha only reaeonabla Inference to be drawn from ft plaintiff Lynn Laka 19, Auatin L. Walkar 19, J. B. Walker 19, 19, The fist of jobs secured by its circusnatatKaa i that "tha bid for aimllar Interaata in the "Walker Eatataa" eatata of R. E. Walkar 19, and aatataa of Mlnatta and IU Walker 49. are ware improved by competitive bidding." Therefore, according to the tarn is and varied colorfully graduates of hi contract quoted above, plaintiff Lynn Lake I entitled to recaiva aa amouat Dealring to acquire tha proparty, defendant In 971 antared Into conincludes tracta to purchaaa the othara' intareeta; and had aubmitted offer to purchaae equal to that paid par 19 intaraat for the "Walkar Eatataa." placement of farms, la at llatad 59 Intaraqta, referred to aa tha "Walker Eetatea, " which were ranches, national parks, logging the Tha aam conclualon I impelled with raapact to the contract of Alta la probata. It entered Into aeparate contracta with each of tha plaiatlffa. Faya and there i an additional raaasm why aha i entitled to tha Isicraaaad operations, research forests, and Both recited that tha priceaa waa to be $10,in 000 for tha 19 intereat, aubjact to lake, price, b of from the will obaerved It contract her that there ia no require man language horse operations of all kinds. Many tha following proviaiona to Increaae prices that tha "Walkar'Eatat1 aala price b improved by competitive bidditig, it Lakes with contract the From Lynn a i a a do contain that "It recital that ... tha students go on to enroll in liberal poaaibla price will be Improved hy competitive bidding. " But tha dafondatit'a promiae to pay snore ia not limited t arts colleges, but- - some have It la underatood that under no clrcumatancce will the ia a that happening. Rather, it aimple and unconditional promiae that; purchaaa price decreaaa, but if tha bid for aimllar changed their career goals to agriIf an amount in eicceaa of $10,000 for each 19 inter-aIn tha varioua Walkar aatatea are improved by competi... tive bidding, then we agree ... tha asnousst finally paid ia paid . . . I will pay to you . . . that amount which ia ne celcultural, forestry, or wildlife manlar y to make your aalea price the earn aa tha aalea price on the by ua to you haraunder a hall bacotna the price paid per 19 of a as result the experiagement court confirmed aala. All emphaai to contract proviaiona i intereat in aaid court proceeding. ence. Foundations provide a limited added. From tha contract with Alta Faye Lakes On the baaia of our dlacuaaion herein, it ia our concluaion that tha only amount of scholarship aid. reaaonable manning and application of tha contract in queation committed the fa. . . . it ia poe elble that at the court confirsnatlon of the Because of its dual emphasis on fendant to pay tha plaintiff tha price incraaaad to tha equivalent paid for each 19 aala, tha price will be improved by competitive bidditig. I intaraat of the 59 interaata included in tha "Walker Eatatea." Tha finding aai academic study and physical work, 000 of each for encase in an 19 amount $10. if agree that, judgment are reversed. Coats to plaintiffs (appallanta). I will pay to you . . . that amount The Grassroots Project has reintereat la paid which i nacaaaary to snake your adee price the earn aa the WE CONCUR; ceived national recognition as an aalea price on tha court confirmed aala. imeducational innovation of some Tha facta pertinent to the queation of cosnpatitiva bidditig on tha 59 A. H. Elicit, Juatice F. Hanrl Henriod, Chief Justice portance. The Christian Science interaata of tha "Walkar Eatataa" in the property are theaas In tha probate the that But ruled ita court tha defendant entered bid. Harmaa procaedinga Monitor. in a feature article says Richard J. Maughan, Justice R. L. Tuckatt, Justice highaet and beat bid waa by J. B. Walkar (aince deceaaed) for $15, 200 net students are drawn to Grassroots per acre, which figured out to $92,612. Thle bid waa accepted by tha t rial 1. Citing Charlton v. Hackatt, 11 Utah 2d 389, 360 P. 2d 176. court. n 2, Sea Burn v. Skogstad, 69 Idaho 227, 206 P. 2d 765 (1949); Orvia v. Higgins, ideas: that by two 180 F. 2d 537. Due to mi aundar a tending aad difficulty not material here, that aala man is part of nature and that hard No. 14291 work is good. Most come upon the recommendation of their guidance matter of law, that will save tha time, trouble and anpansa of a trial. How. counselors or friends who are formIN THE SUPREME COURT OF THE STATE OF UTAH inasmuch aa tha party moved againat la being defeated without the aver, er students. Its success is such that .... privilege of a trial, tha court should carefully acrutinls tha "submissions" and contentions ha makes tharaon to aaa if his contentions aad propesals aa after just two years it is the largest to proof of material facta, if resolved in his fovor, would antltla him te preT. Rich and Shirley T. Alfred program of its kind in the nation. vail; and if it so appears, tha motion for summary judgment should ha denied No. 14401 Rich, and a trial should be had for the purpose of resolving tha disputed isaua of Plaintiff and Appellant, It is the widespread acceptance fact and determining tha rights of tha parti.4 From tha contentious made FILED of The Grassroots concept that lead the plaintiffs aa hereinabove recited and the dafandanta' aaaartisoa ta the by 1976 S. July to the formation of The Rural contrary, it is apparent that there la auch dispute aa to material facte. Robert B. McGovern and Dafandanta also contend that tha plaintiffs raiaa la thair brief in this Employment REgistry. Sheila J. McGovern, Allan E. Macham, Clark court, court for tha first time matters which wars not presented te the district Dafandanta and Reepondent. Even after our first year, 3 and hasu should sust ba considered hare. Tha principle ia correct. But its comments William Manning, Presiapplication hare ia not. Upon anamination we find that, though tha pleading and aubmlaaiona apeak in generality, tha critical matters recited above pertaindent of Sterling and the Director of CROCKETT. Justice; ing to tha plaintiffs' claims of fraud wars sufficiently set forth in tha pleadings, Grassroots, it was clear that urban . affidavits and dcpualtlona. Plaintiffs, Alfred T. and Shirley T. Rich, brought suit in fraud Bookof their contract to purchase a or suburban-raise- d students could ing rescission businaaa, Oiir concluaion la that it ia nacaaaary to remand thia case for trial. of Salt Lake Inc. , located at 1201 East and 2100 South In Salt Lake City. find rewarding and fulfilling rural Dafandanta It la so ordered. Coats to plaintiffs (appellants). answered assd counterclaimed for the purchaae price. They also facta, which waa countered jobs if they knew how an where to ' filedthean affidavit aetting forth thrir version of the plaintiff filing thair depositions. Upon tha basis of the submissions look. We now have little difficulty by WE CONCUR; to the court, it grasstad defendants' motion for summary judgment againet each year in placing our 60 stuplaintiffs awarding them $148,999.01, plus intereat, attorney's (Sea and coats. F. Hanrl Henriod, Chief Juatics dents, about half of whom are girls. Plaintiffs appeal, contending that the granting of tha summary judgment p, 1 bid-di- 1 11 inter-ea- ta at ... time-prove- -- 2- -- ooOoo----- water-soften- er Servi-ao- ft was improper because there are disputed issues of material fact which If re 1 aolved ia their favor would entitle them to prevail. RECONNAISSANCE SPECIALIST Learn the chalof reconnaissance lenging job specialist with an Armor unit. No experience necessary. We train. Call your local Army Representative. Call . Out of town, call collect. 524-402- 6. R. L. Tuckatt, Justice The essantial facta a they appear from the aubmlaaiona eras that prior to the sale, dafandanta prepared and gave to plaintiffs a written history of tha business, which Included an invasstory, a valuation of the bualnass and ita accounts and equipment. It racitad that tha company waa debt free, that all of its accounts wars regularly paid within ten ta thirty days: that a substancontract with Univac Corporation was ia good atandistg tial income-produciand a valuable asset; and that defesidatita would "gssarasttaa monthly gross aalas . . . for a period of ala months after purchaaa date, would ba at laaet $8, 500 par month. Further assertions ares that tha defendant refused to let them sea tha company's books until they 2had paid tha $2,000 earnest mo nay aad signed tha earnest money agreement. Moreover, that after thia occurred, but before plaintiffs had had reasonable opportunity to ascertain tha facta csmcnrnlng tha buainaas, dafendaists told them that there waa another Interested buyer "Just a few dollars short with coming up with all of tha money. All of which, plain-tifassart, wars calculated by tha dafandanta and had tha affact of deceiving them and Inducing them to enter into a hurry-u- p transaction. 11 fs Richard J. Maughan, Justice Ellatt, Juatica, concurs ia tha result. 4. Sc statement la Tranaamarlca Title Ins. Co. v. United Resources Inc. , 24 Utah 2d )46, 471 P.2d 165. 5. Hamilton v. Salt Laka County, ate. , IS Utah 2d 216, )90 P. 2d 235. Plaintiffs' further averment is that shortly after they purchased and operation of the businaaa thay discovered that all of tha dafandanta' representations recited above wars either entirely or in part falsa and that thair contentions and thair evidence would make out all of tha essential elements of fraud to justify raaciaaion of the contract and restoration of thair Investment. Consequently, altar the first thrsa months, thay caaaad making payments and instituted this action. commenced Place your trust in aT Some trust problems a lawyer can solve better than a bank. Some trust problems a bank can solve better than a lawyer. Most trust problems a lawyer and a bank can solve better together. First Securitys Trust Department staffs resident experts In investments, accounting, computers, taxation and other trust and estate management related fields. Together we can work out the best solutions for your clients. You shouldnt settle for any thing less. Call us for all the details. Trust Department First Security Dank of Utan, NA 350-536- 1 Member FDJ.C The purpose of the motion for summary judgment la to provide a means for searching out the undisputed facts aa shown hy tha "aubmlaaiona" ta tha court, I. a., tha plaadinga, depositions, admissions and answers to interrogatories and documents: and if on that basis the controversy can be settled aa a 1. Sec Rule 56, U. R. C. P. 2. As to active concealment aa part of fraud, sea Basnar v. Continental Dry Cleaners, Inc., 548 P. 2d 898; )7 Am. Jur. 2d, Fraud and Dacait, 247. ). For listing of such elements sae Stuck v. Delta Land I Water Co. , 6) Utah 495, 227 P. 791; Pace v. Parrish, 122 Utah 141, 247 P.2d 27). No. 14401 -- I- Federal Highway Use Tax Return Due Most owners of large trucks, pounds, said Roland V. Wise, IRS or buses in Utah are District Director. Revenue from the highway use required to file a Federal highway use tax return. Form 2290, by tax program assists states in fiAugust 31. nancing the Interstate Highway The tax generally applies to System, but the tax is imposed on single unit trucks weighing 13,000 those vehicles using any public pounds or more, to highways, city streets, state roads weighing 5,500 pounds or more, to and interstate roadways. trucks of 9,000 or more pounds The tax year for the highway for in use use tax begins July 1 and runs combinations, equipped and to buses with a taxable gross through the following June 30. For weight of more than 26,000 vehicles placed in service after truck-tractor- s, truck-tracto- rs July, Forms 2290 must be filed with the IRS Service Center serving the vehicle owners by the last day of the month following the month a vehicle is used on a public highway for the first time, Mr. Wise added. Form 2290 and further informa- tion on the proper filing of the Federal highway use tax returns can be obtained at the Salt Lake City IRS District Office. |