The Utah Supreme Court has overturned 3rd District Judge David S. Young in a breach of contract action between an advertising company and a stock photo agency.
Stock Solution leases photographic transparencies for use in advertising. In 1994 and 1995 it entered into contracts with Axiom Design, which allegedly failed to return 37 of the 107 transparencies it received as part of the deals.
Young dismissed the case, ruling that Stock Solution had failed to meet its burden of proof regarding the contracts' damages clauses.
But the state high court said that Young's view of the "applicable law was precisely opposite the established rule in this state" and that Axiom held the burden of proof.
The court ordered a new trial.