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D. & L. ENTERPRISES, INC. v. DAVENPORT

No. 12953.

507 P.2d 373 (1973)

29 Utah 2d 201

D. & L. ENTERPRISES, INC., a corporation, Plaintiff and Respondent, v. Florence L. DAVENPORT (formerly Florence L. Moller), Defendant and Appellant.

Supreme Court of Utah.

March 1, 1973.

Attorney(s) appearing for the Case

Pete N. Vlahos, of Vlahos & Gale, Ogden, for defendant-appellant.

Paul Thatcher, Ogden, for plaintiff-respondent.

HENRIOD, Justice:

Appeal from a summary judgment evicting defendant, lessee, from a restaurant she operated. Remanded for trial, with costs to defendant.

The lease involved here was for five years, with option to renew for two more five-year periods. The lessor leased to De Kazos and Housley, using throughout the term "Lessee." The lessor assigned his interest in the lease to the plaintiff corporation. Housley allegedly assigned his interest to De Kazos, and...

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