HEASTON v. MARTINEZ

Nos. 8228, 8238.

3 Utah 2d 259 (1955)

282 P.2d 833

JOE HEASTON AND H.R. ELLIS, A PARTNERSHIP, D/B/A HEASTON ELLIS MOTOR COMPANY, RESPONDENTS, v. MANUEL MARTINEZ, APPELLANT. JACK LAYTON AND MARIAN LAYTON, A PARTNERSHIP, D/B/A DENVER AUTO AUCTION, RESPONDENTS, v. KAY CLARK, APPELLANT.

Supreme Court of Utah.

April 26, 1955.


Attorney(s) appearing for the Case

Louis H. Callister, Nathan J. Fullmer, Salt Lake City, for appellant.

H.D. Lowry, Salt Lake City, for respondent.

No. 8238

Chris Praggastis, John E. Stone, Salt Lake City, for appellant.

H.D. Lowry, Salt Lake City, for respondent.


COWLEY, District Judge.

Two cases in replevin brought by the respective plaintiffs-respondents, to recover a Pontiac automobile in the one case and a Buick automobile in the other. Plaintiffs recovered judgment in the lower court and defendants-appellants, appeal. The cases were tried separately but were combined for argument on appeal as the facts are similar and the questions of law identical, the sole issue being one of estoppel.

The parties submitted their...

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