FULLER v. FAVORITE THEATERS CO. OF SALT LAKE

No. 7640.

119 Utah 570 (1951)

230 P.2d 335

FULLER v. FAVORITE THEATERS CO. OF SALT LAKE.

Supreme Court of Utah.

Decided April 23, 1951.


Attorney(s) appearing for the Case

Gordon I. Hyde, Salt Lake City, for appellant.

A.W. Sandack, Salt Lake City, for respondent.


PER CURIAM.

After a pretrial hearing in the lower court, the trial judge dismissed the action upon two grounds: First, that the complaint did not state a cause of action; and second, that the cause of action upon which the plaintiff bases his complaint was not assignable. Plaintiff appeals to review that ruling.

From the briefs and the oral arguments, it appears that the court based its ruling on both grounds upon this provision of the contract: "Sixth: This...

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