EPHRAIM THEATRE COMPANY v. HAWK

No. 8606.

7 Utah 2d 163 (1958)

321 P.2d 221

EPHRAIM THEATRE COMPANY, A CORPORATION, PLAINTIFF AND RESPONDENT, v. HAL F. HAWK, THE HEIRS OF CLAUDE HAWK, AND CLAUDE HAWK THEATRE CORPORATION, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

February 10, 1958.


Attorney(s) appearing for the Case

Skeen & Skeen, Salt Lake City, for appellants.

Merrill L. Hermansen, Ephraim, for respondent.


CROCKETT, Justice.

Defendants seek reversal of a judgment for rental of plaintiff's theater building at $125 per month for a period of 10 months. Their attack on the judgment is grounded on their contention that any obligation to pay rent was contingent, to be paid only out of income from the theater as provided in the terms of a written contract; whereas the trial court held the requirement for the payment of rent as unconditional, which holding we reverse.

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