DELIVERY SER. & TRANSFER v. HEINER, ETC.

No. 17172.

635 P.2d 21 (1981)

DELIVERY SERVICE AND TRANSFER COMPANY, a Utah Corporation, Plaintiff, Respondent and Cross-Appellant, v. HEINER EQUIPMENT & SUPPLY COMPANY, a Utah corporation, Defendant, Appellant and Cross-Respondent.

Supreme Court of Utah.

July 16, 1981.


Attorney(s) appearing for the Case

Leonard W. Burningham, Salt Lake City, for appellant.

David E. West, Salt Lake City, for respondent.


PER CURIAM:

Plaintiff appeals from a judgment in its favor, granting specific performance against defendant. Although defendant had originally appealed this matter such appeal was subsequently withdrawn at defendant's request. The sole remaining issue is the propriety of a judgment for specific performance when a money judgment was prayed.

Plaintiff, the owner of a crane, took the transmission of that crane to defendant for repair. The transmission was allegedly...

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