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TATE'S, INC. v. LITTLE AMERICA REFINING CO.

No. 14415.

551 P.2d 1257 (1976)

TATE'S, INC., Plaintiff and Appellant, v. LITTLE AMERICA REFINING CO., a corporation, Defendant and Respondent.

Supreme Court of Utah.

July 13, 1976.

Attorney(s) appearing for the Case

Keith E. Sohm, Salt Lake City, for plaintiff and appellant.

James M. Richards, Richard L. Bird, Jr., of Richards, Bird & Kump, Salt Lake City, for defendant and respondent.

PER CURIAM:

This case was here before (535 P.2d 1228). We reversed the judgment of the trial court which was based on an accord and satisfaction theory.

The court, on review, in accounting for any claims for damage or breach of contract came up with another judgment, that is now being attacked on appeal on the basis of insufficiency of the evidence. The evidence was somewhat controversial, but there appears to be sufficient...

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