NEW HAMPSHIRE INS. CO. v. BALLARD WADE, INC.

No. 10245.

17 Utah 2d 86 (1965)

404 P.2d 674

NEW HAMPSHIRE INSURANCE CO., PLAINTIFF AND RESPONDENT, v. BALLARD WADE, INC., M.R. BALLARD, JR., AND LORAL R. PETERSON, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

August 16, 1965.


Attorney(s) appearing for the Case

Clarence C. Neslen, Salt Lake City, for appellants.

Kipp & Charlier, D. Gary Christian, Salt Lake City, for respondent.


HENRIOD, Chief Justice:

Appeal from a nonjury trial bottomed on two counts: negligence and contract. Reversed with costs to defendants.

A lessor had an insurance policy with plaintiff to cover fire damage. It also had a lease with defendant with ordinary clauses of indemnity by lessee to secure the former for loss by fire, etc., except by Act of God, etc., with a provision that lessee would return the premises at the end of the term in as good condition as...

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