McKINNON v. CORPORATION, ETC., LATTER-DAY SAINTS

No. 13553.

529 P.2d 434 (1974)

Malcolm N. McKINNON, Plaintiff and Appellant, v. The CORPORATION OF the PRESIDENT OF the CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a corporation, Defendant and Respondent.

Supreme Court of Utah.

December 17, 1974.


Attorney(s) appearing for the Case

Keith E. Taylor, LeRoy S. Axland, Parsons, Behle & Latimer, Salt Lake City, for plaintiff and appellant.

Wilford W. Kirton, Jr., Dan S. Bushnell, Richard R. Neslen, Kirton, McConkie, Boyer & Boyle, Salt Lake City, for defendant and respondent.


CALLISTER, Chief Justice:

Plaintiff initiated this action to recover fifteen million dollars in damages which he allegedly sustained by defendant's breach of an oral contract to convey a haulage way for coal over certain federal lands in which defendant had a leasehold interest. After engaging in extensive discovery, defendant moved for summary judgment, which the trial court granted. Plaintiff appeals therefrom.

In February, 1959, plaintiff sold the fee title...

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