Roger I. McDonough

The case involved Kenneth D. Knepper, who rented a typewriter worth $140 and failed to return it after his business venture failed, leading to his conviction for embezzlement under Section 76-17-5. The trial court found him guilty based on evidence that he wilfully did not return the item, and the Utah Supreme Court affirmed the conviction. The court held that the statutory definition of "wilfully" requires only awareness and willingness to commit the act, which the facts supported over the defendant's excuses, and that the typewriter fell within the statute's coverage of rented "appliance" or "equipment," applying the statute according to its fair import rather than strict construction against the state.

criminal lawproperty

The case involved a former salesman suing his employer for unpaid commissions on medical supply sales made prior to his termination and for attorney fees, while the employer counterclaimed for mistaken commission payments and damages from the plaintiff's alleged breach of a post-employment non-solicitation covenant. The trial court awarded the plaintiff $1,436.76 in additional commissions and $860 in fees, and denied the counterclaim; the Utah Supreme Court affirmed. The court reasoned that the employment contract entitled the plaintiff to commissions on sales for which his pre-termination efforts had laid the groundwork, even if delivery and billing occurred later, and that cashing a final check marked "payment in full" did not constitute an accord and satisfaction barring further recovery. It further held that the employer failed to prove damages from any covenant breach and that the wage statute allowing attorney fees applied to commission-based compensation.

labor & employment

The case involved plaintiffs who purchased an intercom and fire alarm system under multiple related contracts, including a conditional sales contract, a home modernization contract for monthly payments, and separate agreements promising referral bonuses and advertising payments; they sued to void the contracts on grounds of fraud, alleging the referral promises were illusory and never intended to be performed. A jury found for the plaintiffs on special interrogatories, but the trial court entered judgment notwithstanding the verdict. The Utah Supreme Court reversed, holding that the evidence, viewed in the light most favorable to the verdict, provided a reasonable basis for the jury to find fraud, including high-pressure sales tactics, failure to follow up on referrals, contract alterations without notice, the assignee's lack of inquiry into irregularities, and an excessive price. The court concluded that the assignee, Prudential Federal Savings, was not an innocent purchaser and was bound by the rescission for fraud, and remanded for entry of judgment on the jury verdict.

business & regulatoryprocedure

This case arose from a 1962 automobile collision on a Utah highway in which one driver was killed and his passenger seriously injured; the jury found the teenage driver and his family liable for damages but exonerated passenger Byron Deleeuw, and the plaintiffs appealed only that portion of the verdict. The court affirmed the judgment for Deleeuw, ruling that the trial court correctly refused a joint-venture instruction because the duck-hunting outing was a social trip among friends that gave no passenger the right to control the vehicle. The court also held that any remark by defense counsel was cured by the trial judge’s admonition and that the instructions on negligence and proximate cause, read as a whole, accurately stated the law and produced no prejudice.

torts & liabilityprocedure

In this case, Kennecott Copper Corporation petitioned under Utah statutes to disconnect approximately 90% of the City of Bingham Canyon's territory, arguing that the expansion of its open-pit copper mine had eliminated any need for municipal services in the area and that city regulations hindered mining operations. The district court granted the petition after a hearing, and the City appealed, primarily citing the loss of about $28,000 in annual sales and use tax revenue. The Utah Supreme Court affirmed the disconnection, finding that the trial court properly weighed the lack of inhabitants or future residential use in the territory against the City's surplus funds and the availability of substitute services, concluding that justice and equity supported severance and that tax revenue loss alone did not require denial. The court noted that determinations of fact on such equitable issues are primarily for the trial court and upheld its judgment as not clearly erroneous.

propertybusiness & regulatorytaxes

The case involved a wrongful death lawsuit brought by Mrs. Louise Taylor against defendant Johnson after Johnson's car struck a trailer at a highway accident scene, killing Taylor's husband who was assisting with the removal. A jury awarded the plaintiff $28,000, and the defendant appealed, claiming errors in jury instructions regarding contributory negligence and the admission of expert testimony estimating the defendant's speed from skid marks. The court affirmed the judgment, ruling that the instructions properly preserved the contributory negligence issue for the jury and correctly advised on the burden of proof, while the speed evidence was admissible as it was based on the officers' experience and unchallenged charts. The court emphasized reading instructions as a whole and deferring to the trial court's discretion on expert qualifications.

torts & liabilityprocedure