WINEGAR v. SMITH INV. CO.

No. 15504.

590 P.2d 348 (1979)

LeMar S. WINEGAR and LeGrand Winegar, Plaintiffs and Appellants, v. SMITH INVESTMENT COMPANY, a Utah Corporation, Defendant and Respondent.

Supreme Court of Utah.

January 26, 1979.


Attorney(s) appearing for the Case

Earl S. Spafford of Spafford & Nixon, Salt Lake City, for plaintiffs and appellants.

Harry D. Pugsley of Watkiss & Campbell, Salt Lake City, for defendant and respondent.


WILKINS, Justice:

Plaintiffs appeal from a judgment of no cause of action on their Complaint to seek reformation of a lease and to seek damages for wrongful failure of defendant to consent to assignment of the lease.

On November 20, 1966, Defendant Smith Investment Company leased to Virgil and Thelma Fox a parcel of its property for the purpose of constructing a carwash. The lease term, commencing on February 15, 1967, was for a period of five years and provided...

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