WASH-A-MATIC, INC. v. RUPP

No. 13688.

532 P.2d 682 (1975)

WASH-A-MATIC, INC., a Utah Corporation, Plaintiff and Appellant, v. Willis RUPP, aka Willie Rupp, Defendant and Respondent.

Supreme Court of Utah.

February 25, 1975.


Attorney(s) appearing for the Case

Glen E. Davies and Walter J. Plumb, III, Pugsley, Hayes, Watkiss, Campbell & Cowley, Salt Lake City, for plaintiff and appellant.

Gerald G. Gundry and Warren M. Weggeland, Salt Lake City, for defendant and respondent.


ELLETT, Justice:

The plaintiff sued on a written purchase order which contained the following notation:

1. Subject to Financing & Equip. selection 2. check refundable if Financing not arranged.

The plaintiff in an attempt to arrange financing got Equipment Leasing, a California company, to talk with the defendant about a lease whereby the plaintiff would sell the material set out in the purchase order to Equipment Leasing and that company in...

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