LOR PRODUCTIONS, INC. v. VALLEY MUSIC HALL, INC.

No. 544-70.

447 F.2d 1010 (1971)

LOR PRODUCTIONS, INC., a corporation, Appellant, v. VALLEY MUSIC HALL, INC., a corporation, dba VMH, Inc. International, Appellee.

United States Court of Appeals, Tenth Circuit.

September 3, 1971.


Attorney(s) appearing for the Case

Wendell E. Bennett, Salt Lake City, Utah (Dolle, O'Donnell, Cash, Fee & Hahn, Cincinnati, Ohio, and Strong & Hanni, Salt Lake City, Utah, on the brief), for appellant.

James R. Brown, of Jardine, Baldwin, Pruitt & Brown, Salt Lake City, Utah, for appellee.

Before SETH, McWILLIAMS and DOYLE, Circuit Judges.


SETH, Circuit Judge.

This is an action for damages brought by appellant, asserting a breach of contract by the appellee to purchase phonograph records. The action was commenced in Utah and the appellee asserted the defense of mutual mistake and of fraud. The case was tried to a jury which found in favor of the appellee by its answer to the interrogatory submitted to it relative to the defense of mutual mistake. The other issues were reserved for disposition by the...

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