MADSEN v. MURREY & SONS CO., INC.

No. 19977.

743 P.2d 1212 (1987)

Erik H. MADSEN, Plaintiff and Respondent, v. MURREY & SONS COMPANY, INC., Defendant and Appellant.

Supreme Court of Utah.

September 29, 1987.


Attorney(s) appearing for the Case

John Paul Kennedy, Scott C. Pugsley, Salt Lake City, for plaintiff and respondent.

Robert B. Hansen, Salt Lake City, for defendant and appellant.


HOWE, Justice:

Appellant Murrey & Sons Company, Inc. (seller), seeks reversal of the trial court's judgment ordering it to return $21,250 to respondent Erik H. Madsen (buyer) in partial restitution of $42,500 paid by him on a contract between the parties which the buyer subsequently breached. Utah Code Ann. § 70A-2-718(2), (3) (1980).

Seller is a corporation located in Los Angeles, California, and engaged in the business of manufacturing and selling...

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