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HERRING, LTD. v. CANYON-LINCOLN MERCURY, INC.

No. 13974.

548 P.2d 625 (1976)

HERRING, LTD., a Utah Corporation, Plaintiff and Appellant, v. CANYON-LINCOLN MERCURY, INC., a Delaware Corporation, and R. W. Safford, Defendants and Respondents.

Supreme Court of Utah.

March 31, 1976.

Attorney(s) appearing for the Case

Carl J. Nemelka, of Nemelka & Colessides, Salt Lake City, for plaintiff and appellant.

Randon W. Wilson, Edward J. McDonough, and R. Jeffrey Taylor, of Jones, Waldo, Holbrook & McDonough, Salt Lake City, for defendants and respondents.

HENRIOD, Chief Justice:

Appeal from a judgment in favor of Canyon, lessor and defendant, in a damage suit brought by Herring, Lessee, for failure of the lessor to comply with the terms of a lease having to do with a used car lot facility. Affirmed with costs to Canyon.

The gravamen of this case is property primarily to be employed in selling used cars. The lessee wanted to sublet a garage area for a body repair and paint shop. He was not allowed to rent the...

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