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MILLER v. KAYE

No. 13984.

545 P.2d 199 (1975)

D.R. MILLER, Plaintiff and Appellant, v. Paul KAYE, dba Shrine Circus, Defendant and Respondent.

Supreme Court of Utah.

December 29, 1975.

Attorney(s) appearing for the Case

Michael R. Carlston & Craig S. Cook of Worsley, Snow & Christensen, Salt Lake City, for plaintiff and appellant.

F. Alan Fletcher of Parsons, Behle & Latimer, Salt Lake City, for defendant and respondent.

ELLETT, Justice:

The court found, and it is not disputed, that the parties hereto are elephant merchants. Mr. Kaye obtained an elephant from Mr. Miller pursuant to what he claims was an oral lease with an option to purchase. Mr. Miller asserts that the oral agreement was merely for the lease of the animal and that the terms thereof were embodied in a telegram sent by Mr. Kaye and that there was no mention of any option to buy contained in it.

Mr. Kaye claims...

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