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BLAIR ENTERPRISES v. M-B SUPER TIRE MARKET, INC.

No. 12590.

499 P.2d 1294 (1972)

28 Utah 2d 192

BLAIR ENTERPRISES, a Utah corporation, Plaintiff and Appellant, v. M-B SUPER TIRE MARKET, INC., a corporation, et al., Defendants and Respondents.

Supreme Court of Utah.

August 7, 1972.

Attorney(s) appearing for the Case

Louis H. Callister, Sr., and Gary R. Howe, of Callister, Kesler & Callister, J. Lambert Gibson, Salt Lake City, for plaintiff-appellant.

Irwin Arnovitz and Alvin I. Smith, of White, Arnovitz & Smith, Salt Lake City, for defendants-respondents.

RUGGERI, District Judge:

The plaintiff, by the terms of a written Real Estate Purchase Contract, dated March 1, 1965, agreed to sell to the defendant, and the defendant agreed to purchase, certain described real property at 445 South Main Street in Salt Lake City, Utah. Under the terms of the said contract, no payment or performance by the defendant is required until March 1, 1975. The Real Estate Purchase Contract expressly provided that the plaintiff, on receiving...

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