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TOWN & COUNTRY DISPOSAL, INC. v. MARTIN

No. 14548.

563 P.2d 195 (1977)

TOWN AND COUNTRY DISPOSAL, INC., a Utah Corporation, Plaintiff and Respondent, v. J.C. MARTIN et al., and Ken Christopher, Defendants and Appellants.

Supreme Court of Utah.

April 19, 1977.

Attorney(s) appearing for the Case

Dwight L. King, Salt Lake City, for defendants and appellants.

Roger F. Cutler, Salt Lake City, for plaintiff and respondent.

WILKINS, Justice:

On September 1, 1974, Plaintiff Town and Country agreed to sell its trash collection business to Defendants Martin and Christopher. A written sales contract was executed by the parties on that date. Subsequently, neither of the defendants had performed their obligations as per said sales contract, so on January 22, 1975, plaintiff and Defendant Christopher (herein "defendant") executed a written novation agreement (herein "agreement") which, by its...

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