Carl C. Dugan and Louise Dugan, Husband and Wife, Plaintiffs and Counterclaimants v. Luther Eugene Jones and Betty…

Summary

The Utah Supreme Court reversed the judgment and remanded for a new trial on all issues. It held that the Joneses were entitled to a jury on their independent legal claims arising from the real-estate transaction, and that the trial court improperly excluded their expert witnesses, effectively preventing proof of damages. The court also held that the evidence could support fraud and negligent-misrepresentation claims despite the vendor's asserted lack of actual knowledge and that affirmance of the transaction did not waive damages claims. No separate opinions were included.