AUERBACH'S, INC. v. KIMBALL

No. 14990.

572 P.2d 376 (1977)

AUERBACH'S, INC., Plaintiff and Respondent, v. Ernest C. KIMBALL, Defendant and Appellant.

Supreme Court of Utah.

November 15, 1977.


Attorney(s) appearing for the Case

Joseph C. Fratto, Salt Lake City, for defendant and appellant.

Stephen G. Morgan of Morgan, Scalley, Lunt & Kimble, Salt Lake City, for plaintiff and respondent.


MAUGHAN, Justice:

On appeal is a summary judgment in favor of Auerbach's and against Kimball on his counter-claim — the only part of the lawsuit before us. We reverse and remand with instructions to allow Kimball to complete his discovery. Costs to Kimball. All statutory references are to U.C.A. 1953.

Kimball alleged the right to a pension of $50 per month for life. This was conditioned, upon his remaining in the employ of Auerbach's for 20 years; and...

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