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MONTER v. KRATZERS SPECIALTY BREAD COMPANY

No. 12810.

504 P.2d 40 (1972)

29 Utah 2d 18

Louis J. MONTER, Plaintiff and Appellant, v. KRATZERS SPECIALTY BREAD COMPANY, Defendant and Respondent.

Supreme Court of Utah.

December 5, 1972.

Attorney(s) appearing for the Case

Bryce E. Roe, William A. Stegall, Jr., Roe, Fowler, Jerman & Dart, Salt Lake City, for plaintiff and appellant.

Ralph J. Marsh, of Backman, Backman & Clark, Salt Lake City, for defendant and respondent.

ELLETT, Justice:

The appellant as plaintiff brought an action in unlawful detainer against the respondent alleging that there was a default in rent payments. He prayed for restitution of the leased property and following restitution for leave to amend the complaint to include a prayer for rent and damages. The defendant failed to answer the complaint, and on Friday, November 5, 1971, a default judgment was entered wherein plaintiff was given the possession of the...

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