Docket Number


Document Type

Legal Brief

Publication Date



This is an appeal from a decision of the Third District Court at a bench trial, which granted a motion for a "directed verdict" in favor of Defendant-Appellee made at the end of Plaintiff-Appellant's case wherein the Court found the Plaintiff-Appellant to have not made a prima facie case of breach of contract or breach of the covenant of good faith and fair dealing by Defendant- Appellee. The petition for rehearing is from the Court of Appeals affirmance of the lower court for failure to plead impossibility of performance at trial. The Honorable Michael R. Murphy, Presiding.


Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.
Jon E. Waddoups; Attorney for Appellee.
D. Kendall Perkins; Attorney for Appellant.


Public record document (some rights may be reserved).