EMPIRE INVESTMENT CORPORATION AND ASSOCIATES v. NEILSON CONSTRUCTION COMPANY

No. 12977.

508 P.2d 804 (1973)

29 Utah 2d 284

EMPIRE INVESTMENT CORPORATION AND ASSOCIATES, a limited partnership, Plaintiff and Appellant, v. NEILSON CONSTRUCTION COMPANY, a Utah corporation, et al., Defendants and Respondents.

Supreme Court of Utah.

April 2, 1973.


Attorney(s) appearing for the Case

John W. Lowe, of Brayton, Lowe & Hurley, Salt Lake City, for plaintiff-appellant.

Carman E. Kipp, of Kipp & Christian, Salt Lake City, for defendants-respondents.


ELLETT, Justice:

This is an action by a limited partnership claiming to have an ownership in trust in a condominium and in certain real property owned by the defendants. From a judgment dismissing its complaint the plaintiff appeals.

The facts are not in dispute.

On November 1, 1969, Neilsons sold by contract the realty in question to Brown as "a general partner." W.F. and D.E. Fleenor had furnished $25,000 to Brown, of which sum Brown used approximately...

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