SCHOCKER v. MILTON O. BITNER COMPANY

No. 13240.

514 P.2d 1290 (1973)

30 Utah 2d 173

Robert SCHOCKER, Plaintiff and Respondent, v. MILTON O. BITNER COMPANY, a Utah corporation, Defendant and Appellant.

Supreme Court of Utah.

October 17, 1973.


Attorney(s) appearing for the Case

Royal K. Hunt, Raymond A. Hintze, Salt Lake City, for defendant and appellant.

Duane B. Welling, Moffat, Welling, Paulsen & Burningham, Salt Lake City, for plaintiff and respondent.


ELLETT, Justice:

Milton O. Bitner Company, hereinafter called appellant, owned a large ranch consisting of approximately 10,000 acres of land including Section 31 which was near the center thereof. The ranch was about to be lost through foreclosure proceedings, and appellant was desperately trying to raise $40,000 to prevent the foreclosure proceeding. At a prior time it had sold to Schocker, hereinafter called respondent, and one Spratling 100 acres of the land for...

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