Saunders v. Sharp, 806 P.2d 198 (Utah 1991). · Go Syfert
Saunders v. Sharp, 806 P.2d 198 (Utah 1991). Cases Citing This Book View Copy Cite
72 citation events (9 in the last 25 years) across 4 distinct courts.
Strongest positive: 438 Main Street v. Easy Heat, Inc. (utah, 2004-08-24)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) 438 Main Street v. Easy Heat, Inc.
Utah · 2004 · signal: see · quote attribution · 1 verbatim quote · confidence high
if the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court. ...
examined Cited as authority (verbatim quote) Wood v. Utah Farm Bureau Insurance Co.
Utah Ct. App. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
the interpretation of a contract is a matter of law for the court to determine unless the contract is ambiguous and evidence of the parties' intent ... is necessary to establish the terms of the contract.
examined Cited as authority (verbatim quote) Harrington Properties, Inc. v. Peterson
Utah Ct. App. · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
the interpretation of a contract is a matter of law for the court to determine unless the contract is ambiguous and evidence of the parties' intent ... is necessary to establish the terms of the eon-tract.
examined Cited as authority (verbatim quote) R & R Energies v. Mother Earth Industries, Inc. (2×)
Utah · 1997 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
the interpretation of a contract is a matter of law for the court to determine unless the contract is ambiguous and evidence of the parties' intent (which is a matter of fact) is necessary to establish the terms of the contract.
discussed Cited as authority (rule) Welsh v. Safeco Insurance Company of America
D. Utah · 2023 · confidence medium
In addition, although the Policy itself is silent to the governing law, see generally Dkt. 23-4, the parties appear to agree Utah law governs the Welshes’ contract claim, see, e.g., Dkt. 25 at 8–10; Dkt. 32 at 7–8. 115 Saunders v. Sharp, 806 P.2d 198, 200 (Utah 1991). 116 WebBank v. Am.
discussed Cited as authority (rule) Johnson v. USANA Health Sciences
D. Utah · 2022 · confidence medium
But this contention runs contrary to Utah law, where “[t]he interpretation of a contract is a matter of law for the court to determine unless the contract is ambiguous and evidence of the parties’ intent (which is a matter of fact) is necessary to establish the terms of the contract.”119 A contract term is ambiguous if it “if it is capable of more than one reasonable interpretation because of uncertain meanings of terms, missing terms, or other facial deficiencies.”120 The existence of an ambiguity is itself a question of law, but the court cannot recognize an ambiguity 115 Dkt. 162 …
discussed Cited as authority (rule) Mitchell v. Wells Fargo Bank
D. Utah · 2017 · confidence medium
“The interpretation of a contract is a matter of law for the court to determine unless the contract is ambiguous and evidence of the parties’ intent (which is a matter of fact) is necessary to establish the terms of the contract.” Saunders v. Sharp, 806 P.2d 198, 200 (Utah 1991).
discussed Cited as authority (rule) Jau-Fei Chen v. Stewart
Utah · 2004 · confidence medium
This duty requires an appellant to “marshal all the evidence in favor of the facts as found by the trial court and then demonstrate that even viewing the evidence in a light most favorable to the court below, the evidence is insufficient to support the findings of fact.” Id. (quoting Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991)). ¶ 77 More recently, the Utah Court of Appeals explained that “in order to properly discharge the duty of marshaling the evidence, the challenger must present, in comprehensive and fastidious order, every scrap of competent evidence introduced at trial which…
discussed Cited as authority (rule) Water & Energy Systems Technology, Inc. v. Keil
Utah · 2002 · confidence medium
Young v. Young, 1999 UT 38, 130 , 979 P.2d 388 ; see also, eg., State v. Hopkins, 1999 UT 98, 116 , 989 P.2d 1065 ; Searcy, 958 P.2d at 2883 ; Interwest Constr. v. Palmer, 928 P.2d 18350 , 1860 (Utah 1996); Hall v. Process Instruments & Control, Inc., 890 P.2d 1024, 1028 (Utah 1995); Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991). 16 In this case, defendants' brief contains a lengthy section purporting to marshal the evidence in favor of the jury verdict.
cited Cited as authority (rule) Wardley Better Homes and Garden v. Cannon
Utah Ct. App. · 2001 · confidence medium
Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
discussed Cited as authority (rule) Cassidy v. Salt Lake County Fire Civil Service Council
Utah Ct. App. · 1999 · confidence medium
Thus, we "'assume[] that the record supports the findings of the trial court....’" Heber City Corp. v. Simpson, 942 P.2d 307, 312 (Utah 1997) (quoting Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991)).
discussed Cited as authority (rule) Moon v. Moon
Utah Ct. App. · 1999 · confidence medium
When an appellant fails to meet the “ ‘heavy burden’” of marshaling the evidence, id. (citation omitted), we “ ‘assume[ ] that the record supports the findings of the trial court,’” Wade v. Stangl, 869 P.2d 9, 12 (Utah Ct.App. 1994) (quoting Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991)).
discussed Cited as authority (rule) State v. Worthington
Utah Ct. App. · 1998 · confidence medium
Because the State has not contested the trial court’s findings of fact, “ ‘the appellate court assumes that the record supports the findings of the trial court and proceeds to a review of the accuracy of the lower court’s conclusions of law and the application of the law in the case.’ ” State v. Teuscher, 883 P.2d 922, 930 (Utah Ct.App.1994) (quoting Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991)).
cited Cited as authority (rule) Elm, Inc. v. M.T. Enterprises, Inc.
Utah Ct. App. · 1998 · confidence medium
“If the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court.” Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
discussed Cited as authority (rule) Campbell v. Box Elder County
Utah Ct. App. · 1998 · confidence medium
Thus, we “‘assume[] that the record supports the findings of the trial court and proeeed[ ] to a review of the accuracy of the lower court’s conclusions of law and the application of that law in the case.’ ” Heber City Corp., 942 P.2d at 312 (quoting Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991)).
discussed Cited as authority (rule) Platt v. Town of Torrey (2×)
Utah · 1997 · confidence medium
See Bagford v. Ephraim City, 904 P.2d 1095, 1097 (Utah 1995); Saunders v. Sharp, 806 P.2d 198, 199-200 (Utah 1991) (per curiam); Provo City Corp. v. Willden, 768 P.2d 455, 456 (Utah 1989).
discussed Cited as authority (rule) Heber City Corp. v. Simpson
Utah · 1997 · confidence medium
When a party fails to challenge a factual finding and marshal the evidence in support of that finding, we “assume! ] that the record supports the findings of the trial court and proceed! ] to a review of the accuracy of the lower court’s conclusions of law and the application of that law in the case.” Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (per curiam) (citing Grayson Roper Ltd.
discussed Cited as authority (rule) State v. Robertson (2×)
Utah · 1997 · confidence medium
Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (per curiam).
cited Cited as authority (rule) Timm v. Dewsnup
Utah · 1996 · confidence medium
Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
cited Cited as authority (rule) Pasker, Gould, Ames & Weaver, Inc. v. Morse
Utah Ct. App. · 1994 · confidence medium
Saunders v. Sharp, 806 P.2d 198, 199-200 (Utah 1991) (per curiam).
discussed Cited as authority (rule) State v. a House & 1.37 Acres of Real Property Located at 392 South 600 East
Utah · 1994 · confidence medium
Absent such an effort, this court "assumes that the record supports the findings of the trial court and proceeds to a review of the accuracy of the lower court's conclusions of law and the application of that law in the case.” Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (per curiam). 5 .
cited Cited as authority (rule) Trolley Square Associates v. Nielson
Utah Ct. App. · 1994 · confidence medium
Saunders v. Sharp, 806 P.2d 198, 200 (Utah 1991).
cited Cited as authority (rule) State v. Teuscher
Utah Ct. App. · 1994 · confidence medium
Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
cited Cited as authority (rule) Matter of Estate of Beesley
Utah · 1994 · confidence medium
Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (per curiam); Oneida/SLIC v. Oneida Cold Storage & Warehouse, Inc., 872 P.2d 1051, 1052-53 (Utah Ct.App.1994).
cited Cited as authority (rule) Beesley v. Harris
Utah · 1994 · confidence medium
Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (per curiam); Oneida/SLIC v. Oneida Cold Storage & Warehouse, Inc., 872 P.2d 1051, 1052-53 (Utah Ct.App.1994).
cited Cited as authority (rule) Procon Corp. v. Utah Department of Transportation
Utah Ct. App. · 1994 · confidence medium
Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
discussed Cited as authority (rule) Shepherd v. Shepherd (2×) also: Cited "see"
Utah Ct. App. · 1994 · confidence medium
“If the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court and proceeds to a review of the accuracy of the lower court’s conclusions of law and the application of that law in the case.” Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
discussed Cited as authority (rule) Jacobs v. Hafen
Utah Ct. App. · 1994 · confidence medium
“If the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court and proceeds to a review of the accuracy of the lower court’s conclusions of law and the application of that law in the case.” Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
discussed Cited as authority (rule) Envirotech Corp. v. Callahan
Utah Ct. App. · 1994 · confidence medium
“If the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court and proceeds to a review of the accuracy of the lower court’s conclusions of law and the application of that law in the case.” Id. (quoting Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991)).
discussed Cited as authority (rule) State v. Alvarez (2×)
Utah · 1994 · confidence medium
To prove findings *461 of fact clearly erroneous, "an appellant must marshal all evidence in favor of the facts as found by the trial court and then demonstrate that even viewing the evidence in a light most favorable to the court below, the evidence is insufficient to support the findings of fact." Saunders v. Sharp, 806 P.2d 198, 199-200 (Utah 1991).
cited Cited as authority (rule) Wade v. Stangl
Utah Ct. App. · 1994 · confidence medium
“If the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court.” Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
discussed Cited as authority (rule) Ohline Corp. v. Granite Mill
Utah Ct. App. · 1993 · confidence medium
“If the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court and proceeds to a review of the accuracy of the lower court’s conclusions of law and the application of that law in the case.” Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
cited Cited as authority (rule) Lake Philgas Service v. Valley Bank & Trust Co.
Utah Ct. App. · 1993 · confidence medium
In order to attack a trial court’s fact findings, “an appellant must marshall all evidence in favor of the facts as found by the trial court.” Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
discussed Cited as authority (rule) Saunders v. Sharp (2×)
Utah Ct. App. · 1992 · confidence medium
Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (per curiam).
discussed Cited as authority (rule) Crockett v. Crockett
Utah Ct. App. · 1992 · confidence medium
“If the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court and proceeds to a review of the accuracy of the lower court’s conclusions of law and application of that law in the case.” Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (per curiam) (citations omitted).
discussed Cited as authority (rule) Allred v. Allred (2×)
Utah Ct. App. · 1992 · confidence medium
"If the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court and proceeds to a review of the accuracy of the lower court's conclusions of law and the application of that law in the case." Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (per curiam) (citations omitted).
discussed Cited as authority (rule) Johnson-Bowles Co. v. Division of Securities of the Department of Commerce
Utah Ct. App. · 1992 · confidence medium
F. The Division’s Application of the Law to the Facts Having found that the Division’s findings of fact are supported by substantial evidence, we next examine the accuracy of the Division’s application of the law to the facts of this case, Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (citing Grayson Roper Ltd. v. Finlinson, 782 P.2d 467, 470 (Utah 1989); and Scharf v. BMG Corp., 700 P.2d 1068, 1070 (Utah 1985)), which the Johnsons also dispute.
discussed Cited as authority (rule) State v. Larsen
Utah Ct. App. · 1992 · confidence medium
To prove that the trial court’s findings of fact were clearly erroneous, “an appellant must marshal all evidence in favor of the facts as found by the trial court and then demonstrate that even viewing the evidence in a light most favorable to the court below, the evidence is insufficient to support the findings of fact.” Saunders v. Sharp, 806 P.2d 198, 199-200 (Utah 1991).
cited Cited as authority (rule) Peterson v. Peterson
Utah Ct. App. · 1991 · confidence medium
Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (citations omitted).
discussed Cited as authority (rule) Crouse v. Crouse
Utah Ct. App. · 1991 · confidence medium
“If the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court and proceeds to a review of the accuracy of the lower court's conclusions of law and the application of that law in the ease.” Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (per curiam) (citations omitted).
cited Cited as authority (rule) State v. Jaimez
Utah Ct. App. · 1991 · confidence medium
Saunders v. Sharp, 806 P.2d 198, 199-200 (Utah 1991).
discussed Cited as authority (rule) Walton v. Walton
Utah Ct. App. · 1991 · confidence medium
“If the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court and proceeds to a review of the accuracy of the lower court’s conclusions of law and the application of that law in the case.” Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (per curiam) (citations omitted).
cited Cited "see" Idrive Logistics LLC v. Integracore LLC
Utah Ct. App. · 2018 · signal: see · confidence high
See Saunders v. Sharp , 793 P.2d 927 , 930-31 (Utah Ct. App. 1990), remanded on other grounds , 806 P.2d 198 (Utah 1991) (per curiam).
discussed Cited "see" State v. Woodland (2×)
Utah · 1997 · signal: see · confidence high
See Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991) (per curiam); Scharf v. BMG Corp., 700 P.2d 1068,1070 (Utah 1985).
cited Cited "see" Macris & Associates, Inc. v. Images & Attitude, Inc.
Utah Ct. App. · 1997 · signal: see · confidence high
See Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
cited Cited "see" MacRis & Associates v. IMAGES ATTITUDE
Utah Ct. App. · 1997 · signal: see · confidence high
See Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
discussed Cited "see" Republic Group, Inc. v. Won-Door Corp.
Utah Ct. App. · 1994 · signal: see · confidence high
See Saunders v. Sharp, 806 P.2d 198, 200 (Utah 1991) (interpretation of a contract is a matter of law unless the court must resort to extrinsic evidence of the parties’ intent); Buehner Block Co. v. UWC Assocs., 752 P.2d 892, 895 (Utah 1988) (interpretation of a written contract is a question of law if determined by the words of the agreement); Big Butte Ranch, Inc. v. Holm, 570 P.2d 690, 691 (Utah 1977) (to ascertain the meaning of a contract, the court should first examine the language of the instrument).
discussed Cited "see" Ferguson v. Reed
Wyo. · 1991 · signal: see · confidence high
See Saunders v. Sharp, 793 P.2d 927 (Utah App.), cert. granted, 804 P.2d 1232 (Utah 1990), and remanded, 806 P.2d 198 (1991); and All Seasons Water Users Association, Inc. v. Northern Improvement Company, 399 N.W.2d 278 (N.D.1987), after remand, 417 N.W.2d 831 (1988).
cited Cited "see, e.g." Interwest Construction v. Palmer
Utah · 1996 · signal: see also · confidence medium
“This standard of review applies equally to the Court of Appeals.” Id.; see also Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991).
Retrieving the full opinion text from the archive…
Leon H. SAUNDERS; Robert Felton; Saunders Land Investment Corp., a Utah Corporation; White Pine Ranches, a Utah General Partnership; White Pine Enterprises, a Utah General Partnership; And Kenneth R. Norton, Dba Interstate Rentals, Inc., a Nevada Corporation, Plaintiffs and Petitioners,
v.
John C. SHARP and Geraldine Y. Sharp, Defendants and Respondents
900360.
Utah Supreme Court.
Feb 12, 1991.
806 P.2d 198
Robert M. Anderson, Salt Lake City, for Leon H. Saunders, Robert Felton, and Saunders Land Inv. Corp., Glen D. Watkins, Bruce Wycoff, Salt Lake City, for White Pine Ranches and White Pine Enterprises., John B. Anderson, Salt Lake City, for Kenneth R. Norton and Interstate Rentals., Donald J. Winder, Kathy A. F. Davis, Salt Lake City, for John C. and Geraldine Y. Sharp.
Per Curiam.
Cited by 56 opinions  |  Published
PER CURIAM:

This matter is before the court on plaintiffs’ petition for a writ of certiorari to review the decision of the court of appeals in Saunders v. Sharp, 793 P.2d 927 (Utah[*199] Ct.App.1990). The petition is granted. Further briefing by the parties and oral argument are deemed unnecessary, as the arguments in the petition briefs are adequate for our determination. This matter is remanded to the court of appeals for modification of its opinion in accordance with this opinion.

Plaintiffs purchased approximately sixty acres of unimproved real property from defendants under a contract which consisted of several separate memoranda to be interpreted together. Both parties agree that the property was to be developed and resold in residential lots consisting of four or five acres, as a planned unit development ("PUD”). Defendants, as sellers, agreed to release and convey one PUD lot upon receipt of each $140,000 paid in principal. Initially, plaintiffs platted only half the property. On December 23, 1983, the plat of phase I of the project was recorded in the office of the Summit County Recorder. Six five-acre lots and a private internal roadway were described on the plat. Defendants executed a deed to lots 1 through 5, as requested by plaintiffs, pursuant to the release clause of the contract.

Plaintiffs breached the contract by making only a partial payment on the real property taxes in November 1984. In addition, they were able to pay only a portion of the 1985 annual payment. Nevertheless, they state that they previously paid sufficient principal to cover the purchase price of the platted lot 6, all of the internal roadway of phase I, and 7.35 acres of the unplatted acreage. Plaintiffs claim that under the release clause of the contract, they are entitled to the release of all property paid for, in spite of their prior breach. By their complaint, plaintiffs sought conveyance of Defendants counterclaimed for foreclosure.

The trial court found that the contract required plaintiffs to designate the property to be conveyed pursuant to the release clause, and plaintiffs had never requested conveyance of any property except the first five platted lots. In its statements of applicable law, the trial court stated that plaintiffs’ breaches were material, significant, and continuing and were uncured when plaintiffs requested release of the roadway, lot 6, and the additional 7.35 acres from the unplatted property. Accordingly, the trial court denied specific performance and granted judgment to defendants. Plaintiffs appealed, and the matter was poured-over to the Utah Court of Appeals for review.

On appeal, plaintiffs reiterated their claim that they are entitled, under the contract, to conveyance of all property paid for, in spite of their breach of the contract by nonpayment of the entire purchase price. The court of appeals interpreted the argument as a challenge to the findings of fact made by the trial court. In its opinion, the court of appeals made this statement:

Since buyers have not marshaled the evidence in support of those findings, but merely argue that there is evidence contradicting them, they have failed to demonstrate that the findings are against the clear weight of the evidence. We must therefore accept the findings as valid and affirm the judgment.

793 P.2d at 931 (emphasis added).

As far as its review of plaintiffs’ challenges to the findings of fact is concerned, the court of appeals was correct. An appellate' court does not lightly disturb the verdict of a jury nor the findings of fact made by a trial court. If a challenge is made to the findings, an appellant must marshal all evidence in favor of the facts as found by the trial court and then demonstrate that even viewing the evidence in a light most favorable to the court below, the evidence is insufficient to support the findings of fact. If the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court and proceeds to a review of the accuracy of the lower court’s conclusions of law and the application of that law in the case. Grayson Roper Ltd. v. Finlinson, 782 P.2d 467, 470 (Utah 1989); Scharf v. BMG Corp., 700 P.2d 1068, 1070 (Utah 1985).

However, the court of appeals erred when it then automatically affirmed the judgment based on plaintiffs’ failure to show the findings of fact to be unsupported. An appellate court is to review the trial court’s conclusions of law for correct[*200] ness. Landes v. Capital City Bank, 795 P.2d 1127, 1129 (Utah 1990). Once the findings of fact (rather than the judgment) were affirmed by the appeals court, it was then incumbent on that court to review the trial court's conclusions of law and its application of the law to the facts as found. The interpretation of a contract is a matter of law for the court to determine unless the contract is ambiguous and evidence of the parties’ intent (which is a matter of fact) is necessary to establish the terms of the contract. The court of appeals failed to analyze the law applicable to the case, and the case is therefore remanded to the Utah Court of Appeals for that purpose.

So ordered.