# R.T. Nielson Co. v. Cook > Utah Supreme Court · January 25, 2002 · 439 Utah Adv. Rep. 32 URL: https://www.frixlaw.com/law-library/cases/5150177 ## Case - **Full name:** R.T. NIELSON COMPANY, a Utah corporation, and v. Merrill COOK, an individual, and Merrill Cook for Congress Committee, a Federal Election Campaign Committee, and - **Court:** Utah Supreme Court - **Decided:** January 25, 2002 - **Citations:** 439 Utah Adv. Rep. 32; 40 P.3d 1119; 2002 UT 11; 2002 Utah LEXIS 10; 2002 WL 91874 - **Precedential status:** Published - **Opinion:** Concurrence by Howe - **Judges:** Bench, Does, Durham, Having, Herein, Himself, Howe, Russon, Wilkins - **Cited by:** 84 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5150177 ## How later opinions describe it (automated extraction) - explaining that courts might consider, for example, “the number of claims, counterclaims, cross-claims, etc., brought by the parties,” as well as “the dollar amounts attached to and awarded in connection with the various claims” - explaining that “the standard articulated above will permit a case-by-case evaluation by the trial court, and flexibility to handle circumstances” unique to the case at hand - noting “that if an original agreement is within the statute of frauds, a subsequent agreement that modifies the original agreement must also satisfy the requirements of the statute of frauds to be enforceable.” - noting the question of which party is the prevailing party “depends, to a large measure, on the context of each case, and, therefore, it is appropriate to leave this determination to the sound discretion of the trial court” ## Opinion text HOWE, Chief Justice, concurring: 131 I concur except I do not express any opinion on the issue in footnote 4, it being unnecessary to the determination of this appeal. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5150177. Public record. Not legal advice.