[Download] "Prowswood v. Mountain Fuel Supply Co." by Court of Appeals of Utah * eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Prowswood v. Mountain Fuel Supply Co.
• Author : Court of Appeals of Utah
• Release Date : January 06, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

HALL, Chief Justice: These consolidated appeals arise out of an action commenced by Prowswood Corporation (hereinafter "Prowswood") against Mountain Fuel Supply Company (hereinafter "Mountain Fuel") for damages resulting from the alleged breach of an oral contract and the alleged negligent misrepresentation made in connection with the promotion and sale of gas air conditioning. Following a dismissal of the action with prejudice, Prowswood filed an appeal based on the following contentions: (1) the lower courts dismissal for failure to prosecute the action in the name of the real party in interest violated the purpose and language of Rule 17(a) of the Utah Rules of Civil Procedure; (2) incorporation of Prowswoods negligent misrepresentation cause of action in the final pretrial order precluded the dismissal of said claim on the first day of trial; (3) the lower court disregarded statutory procedural safeguards in dismissing Prowswoods tort claim on the basis of Mountain Fuels motion in limine; (4) Mountain Fuels circumvention of statutory procedural rules through improper implementation of the motion in limine had a prejudicial impact upon Prowswood; and (5) the lower court erroneously dismissed Prowswoods claim for negligent misrepresentation as not being a judicially recognized cause of action.

Download Ebook "Prowswood v. Mountain Fuel Supply Co." PDF ePub Kindle