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FIRST WESTERN FIDELITY v. GIBBONS AND REED CO.

No. 12353.

492 P.2d 132 (1971)

27 Utah 2d 1

FIRST WESTERN FIDELITY, a real estate investment trust, Plaintiff and Appellant, v. GIBBONS AND REED COMPANY, a Utah corporation, Defendant and Respondent.

Supreme Court of Utah.

December 20, 1971.

Attorney(s) appearing for the Case

Lon Rodney Kump, of Richards, Bird & Kump, Salt Lake City, for plaintiff-appellant.

Bryce E. Roe, Salt Lake City, for defendant-respondent.

CROCKETT, Justice.

Plaintiff First Western Fidelity, real estate investment trust, sued Gibbons and Reed, a construction corporation, for alleged breach of an agreement to leave 19.5 acres of land in North Salt Lake properly contoured for residential subdivision purposes after removing sand, gravel and fill materials therefrom. Upon a trial the court found against the plaintiff on these three propositions: (a) that plaintiff had no rights in the agreement, which had...

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