BRADSHAW v. KERSHAW

No. 16719.

627 P.2d 528 (1981)

Ronald BRADSHAW, Plaintiff and Respondent, v. Walter W. KERSHAW and Helen G. Kershaw, his wife; Willard B. Rogers, Edward B. Rogers and Rockefeller Land & Livestock Company, a Utah corporation, Defendants and Appellant.

Supreme Court of Utah.

March 12, 1981.


Attorney(s) appearing for the Case

Walter R. Ellett, Murray, Don B. Allen, Salt Lake City, for defendants and appellant.

Robert S. Campbell, Jr., Philip C. Pugsley, Salt Lake City, for plaintiff and respondent.


OAKS, Justice:

This is an appeal from an order finding appellant, Walter W. Kershaw, guilty of contempt for failure to deliver a well permit under an earlier decree, and assessing $190,500 damages. The issues are the applicability of the defense of impossibility of performance and the measure of damages, including attorney's fees.

In August, 1970, appellant as vendor entered into an option contract to sell one Christensen a 480-acre parcel of land in Millard...

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