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JOHN C. CUTLER ASSOCIATION v. DE JAY STORES

No. 8163.

3 Utah 2d 107 (1955)

279 P.2d 700

JOHN C. CUTLER ASSOCIATION, A CORPORATION, PLAINTIFF AND APPELLANT, AND RESPONDENT ON CROSS-APPEAL, v. DE JAY STORES, INC., A FOREIGN CORPORATION, DEFENDANT AND RESPONDENT, AND CROSS-APPELLANT.

Supreme Court of Utah.

January 26, 1955.

Attorney(s) appearing for the Case

Reid W. Nielson, Clarence M. Beck, Elias Hansen, Salt Lake City, for appellant.

Samuel Bernstein, Ray S. McCarty, Salt Lake City, for respondent.

CROCKETT, Justice.

Plaintiff appeals from a judgment allowing recovery for rent and damages for abandoning a lease before its term expired, and for attorney's fees. Plaintiff appeals claiming that additional amounts should have been allowed; defendant responds and cross-appeals, challenging the propriety of awarding any damages whatever.

Plaintiff Cutler is an incorporated family association, and DeJay Stores is a Delaware corporation doing business in Utah...

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