Royce L. Bair, Dba the Stock Solution, Plaintiff and Appellant v. Axiom Design, L.L.C., Brent Watts, and Garry…

Summary

The Utah Supreme Court reversed the dismissal of Stock Solution's breach-of-contract action because the trial court improperly dismissed the entire case based only on the disputed liquidated-damages provision, without considering other supported forms of contractual and nominal damages. The court also held that Axiom, as the party seeking to avoid the liquidated-damages clause, bore the burden of proving its invalidity. On remand, the trial court was directed to conduct a new trial and determine the effect of Axiom's allegedly evasive admissions responses.