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MIDWEST REALTY v. CITY OF WEST JORDAN

No. 13874.

541 P.2d 1109 (1975)

MIDWEST REALTY, a Utah Corporation, Plaintiff and Respondent, v. CITY OF WEST JORDAN, Defendant and Appellant.

Supreme Court of Utah.

October 29, 1975.

Attorney(s) appearing for the Case

Nick J. Colessides, Nemelka & Colessides, Salt Lake City, for defendant and appellant.

Elliott Lee Pratt, Salt Lake City, for plaintiff and respondent.

TUCKETT, Justice:

Plaintiff initiated these proceedings seeking to recover the sum of $20,134.35 due under a contract entered into by the parties. At the conclusion of a trial to the court, judgment was entered for the plaintiff, and the defendant appeals.

The trial court found the facts after the trial substantially as follows: The plaintiff, Midwest Realty, in 1970, undertook to develop two subdivisions referred to as Western Hills Subdivisions Nos. 1 and...

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