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ECKARD v. SMITH

No. 13567.

527 P.2d 660 (1974)

Cecil O. ECKARD and Marilyn F. Eckard, his wife, Plaintiffs and Respondents, v. Gale G. SMITH and Joy T. Smith, his wife, Defendants and Appellants.

Supreme Court of Utah.

October 18, 1974.

Attorney(s) appearing for the Case

Richard W. Perkins, of Turner & Perkins, Salt Lake City, for defendants-appellants.

Walter P. Faber, Jr., and David Lloyd, of Watkins & Faber, Salt Lake City, for plaintiffs-respondents.

ELLETT, Justice:

This appeal is from a judgment below whereby the Smiths were ordered to convey one of the two units in a duplex owned jointly by them to the Eckards.

The Eckards had resided in the unit for a year under a printed form of a Residential Rental Agreement signed by themselves and by Mr. Smith. Written on the printed form were the following additional terms:

* * * * * * 4. Lesser [sic...

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