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GUINAND v. WALTON

No. 11153.

450 P.2d 467 (1969)

22 Utah 2d 196

Jerome B. GUINAND, Plaintiff and Respondent, v. Paul T. WALTON and Thomas F. Kearns, dba Walton-Kearns, Defendants and Appellants.

Supreme Court of Utah.

February 7, 1969.

Attorney(s) appearing for the Case

Gustin & Richards, Harley W. Gustin, Jones, Waldo, Holbrook & McDonough, J. Wendell Bayles, Salt Lake City, for appellants.

Moffat, Iverson & Taylor, Richard H. Moffat, Salt Lake City, for respondent.

CROCKETT, Chief Justice.

Plaintiff, Jerome E. Guinand, sued in contract to recover 3% commission on sales and 10% of the assets of Walton-Kearns partnership for services rendered to it. The defenses relied on by the partnership are: no valid contract; no consideration; and the statute of frauds. Upon trial the district court found that letter set out below on which plaintiff placed reliance did not constitute a valid contract, but nevertheless, on the basis of the...

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