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LeGRAND JOHNSON CORPORATION v. PETERSON

No. 12272.

486 P.2d 1040 (1971)

26 Utah 2d 158

LeGRAND JOHNSON CORPORATION, a Utah Corporation, and LeGrand Johnson, personally, Plaintiffs and Respondents, v. James C. PETERSON et al., Defendants and Appellants.

Supreme Court of Utah.

July 9, 1971.

Attorney(s) appearing for the Case

Wilford M. Burton, T. Bowring Woodbury, II, of McKay & Burton, Salt Lake City, Lyle W. Hillyard, of Hillyard & Gunnell, Logan, for defendants-appellants.

George W. Preston, of Preston, Harris, Harris & Preston, Logan, Allan E. Mecham, of Clyde, Mecham & Pratt, Salt Lake City, for plaintiffs-respondents.

TUCKETT, Justice.

The plaintiffs commenced these proceedings in the court below seeking to recover money advanced to the defendants and also for specific performance of an oral agreement to convey an interest in certain mining claims to the plaintiff LeGrand Johnson. Defendants answered and counterclaimed, asserting that any agreement to convey was oral and barred by the statute of frauds, and that the money advanced by the plaintiffs was in the nature of a contribution...

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