GUNNELL v. HURST LUMBER COMPANY

No. 13263.

515 P.2d 1274 (1973)

30 Utah 2d 209

Wayne GUNNELL and other unnamed persons, Plaintiffs and Appellants, v. HURST LUMBER COMPANY, a corporation, and Hurst Lumber Company Profit Sharing Trust, Defendants, Respondents and Cross-Appellants.

Supreme Court of Utah.

November 5, 1973.


Attorney(s) appearing for the Case

Richard Richards, of Mecham & Richards, Ogden, for appellant.

LaVar E. Stark, Ogden, for respondent.


ELLETT, Justice:

The plaintiffs sought a declaratory judgment holding the land of Hurst Lumber Company subject to certain restrictive covenants. The case was tried to a jury on the theory that the land would be subject to the covenants if Hurst had notice thereof at the time of purchase. The jury found by means of a special verdict that Hurst did have knowledge of the covenants at the time of purchase. The trial judge then decided as a matter of law that the land...

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