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FMA FINANCIAL CORP. v. HANSEN DAIRY, INC.

No. 16528.

617 P.2d 327 (1980)

FMA FINANCIAL CORPORATION, Plaintiff and Appellant, v. HANSEN DAIRY, INC.; Steven L. Hansen; Larell Hansen; Muriel O. Hansen; and Val Jean Hansen, dba Hansen Dairy, a partnership; and Federated Dairy, a partnership; and Federated Dairy Farms, a Utah cooperative association, Defendants and Respondents, v. James M. LEVIE and LeVoy Christensen, Third-Party Defendants and Respondents.

Supreme Court of Utah.

August 21, 1980.

Attorney(s) appearing for the Case

Milo Marsden, Jr., and Grant A. Hurst of Marsden & Liljenquist, Salt Lake City, for plaintiff and appellant.

Gayle Dean Hunt, Salt Lake City, for defendants and respondents.

James Levie, pro se, for third-party defendants and respondents.

CROCKETT, Chief Justice:

Plaintiff FMA Financial Corporation, a leasing company, brought this action seeking damages for an alleged breach of a written agreement to lease a used corn silo and other farm equipment to defendants-lessees Hansen Dairy, Inc. The defendants asserted the defense that the silo was not installed on their property in time for use as agreed; and they counterclaimed for the rentals they had already paid. In addition, they filed a cross-complaint...

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