G. EUGENE ENGLAND FOUND v. SMITH'S FOOD KING NO. 6

No. 13953.

542 P.2d 753 (1975)

G. EUGENE ENGLAND FOUNDATION, a nonprofit corporation, Plaintiff and Appellant, v. SMITH'S FOOD KING NO. 6, a Utah Corporation, Defendant and Respondent.

Supreme Court of Utah.

November 14, 1975.


Attorney(s) appearing for the Case

David A. Greenwood, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for plaintiff and appellant.

Allen H. Tibbals, Tom Welch, Salt Lake City, for defendant and respondent.


CROCKETT, Justice:

Plaintiff, G. Eugene England Foundation, as the prior owner-lessor of commercial real property at 4085 West and 4715 South in Kearns, Utah, brought suit against the lessee, defendant Smith's Food King No. 6, to recover rent Smith's was paying to the present lessor, First Federal Corporation. On the basis of depositions, interrogatories, and documentary evidence, both parties moved for summary judgment. The court ruled that plaintiff Foundation was...

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