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BRANCH v. WESTERN FACTORS, INC.

No. 12761.

502 P.2d 570 (1972)

28 Utah 2d 361

Fay L. BRANCH et al., Plaintiffs and Respondents, v. WESTERN FACTORS, INC., et al., and John H. Allen, Trustee for Western Factors, Inc., Bankrupt, Cross-Claimant and Respondent, v. Arnell HEAPS and William G. Fowler, Trustee for Western National Investment Corporation, Cross-Defendants and Appellant.

Supreme Court of Utah.

October 27, 1972.

Attorney(s) appearing for the Case

William G. Fowler, Salt Lake City, for appellant.

Richard L. Bird, Jr., G. Hal Taylor, Salt Lake City, for respondents.

ELLETT, Justice.

William G. Fowler, as trustee in bankruptcy for Western National Investment Corporation, appeals from a judgment of the trial court wherein his cross-claim against Arnell Heaps was denied.

On June 22, 1962, Heaps entered into a conditional sales contract for the purchase of an apartment house. On September 3, 1963, he assigned his rights therein to a corporation, the predecessor of Western National Investment Corporation, for a parcel of unimproved...

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