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EVERSHED v. BERRY

No. 10889.

20 Utah 2d 203 (1968)

436 P.2d 438

ORVILLE EVERSHED AND EARL HEMMERT, PLAINTIFFS AND RESPONDENTS, v. JOY R. BERRY ET AL., DEFENDANTS, AND PHILLIP CONLEY DBA HICKORY PIT, DEFENDANT AND APPELLANTS.

Supreme Court of Utah.

January 15, 1968.

Attorney(s) appearing for the Case

Henry Nygaard, Beaslin, Nygaard, Coke & Vincent, Salt Lake City, for appellants.

Howard N. Jones, Biele, Jones & Murphy, Salt Lake City, for respondents.

CALLISTER, Justice.

This appeal involves the validity of a five-year written lease between a contract purchaser, Berry, as a lessor and his lessee, Conley, after the lessor's interest has been terminated by court decree.

The plaintiffs-respondents, hereinafter referred to as Evershed, owned commercial property in Murray, Utah. On October 20, 1965, Evershed sold his real estate to the Berrys under a real estate contract, which provided that no assignment or...

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