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DUNES HOTEL, INC. v. SCHMUTZER

No. 4446.

370 P.2d 685 (1962)

The DUNES HOTEL, INC., Appellant, v. Robert C. SCHMUTZER, M.M. Sweeney and Lawrence Hadlund, a co-partnership doing business as The Garden Center, Respondents.

Supreme Court of Nevada.

April 16, 1962.

Attorney(s) appearing for the Case

Jones, Wiener & Jones, Las Vegas, for appellant.

Harry E. Claiborne, Las Vegas, for respondents.

BADT, Chief Justice.

The parties will be referred to by their abbreviated names. Schmutzer sued to recover a balance of $10,181.02 on a $35,000 written contract to furnish trees, plants, and landscaping on the grounds of Dunes Hotel near Las Vegas. Dunes denied Schmutzer's allegations of the performance of his contract, and as an affirmative defense alleged that Schmutzer had violated the terms of his guaranty of "all grass, plants, trees and shrubs for a period of...

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