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PRINCE v. ELM INV. CO., INC.

No. 17547.

649 P.2d 820 (1982)

Frederick S. PRINCE, Jr., John H. Barnard, Paul M. Dougan, Donald K. Irvine, John B. Prince, James M. Steele, Wallace A. Wright, Jr., Howells Investment, Robert M. Johnson, Barbara B. Prince, dba Trolley Square Associates, Plaintiffs and Appellants, v. ELM INVESTMENT CO., INC., a Utah corporation, Boyer-Gardner Partnership Co., a Utah general partnership, Boyer-Madsen Seventh East Partnership, a Utah general partnership, H. Roger Boyer, a Utah resident, and Kem C. Gardner, a Utah resident, Defendants and Respondents.

Supreme Court of Utah.

June 4, 1982.

Attorney(s) appearing for the Case

John P. Ashton, James A. Boevers, Salt Lake City, for plaintiffs and appellants.

Bruce A. Maak, Salt Lake City, for Elm Inv. and Boyer-Madsen.

C. Keith Rooker, Salt Lake City, for Boyer-Gardner.

OAKS, Justice:

This is a suit by a lessee against a lessor for specific performance and damages for breach of a right of first refusal clause in the lease. The alleged breach occurred when the lessor conveyed the leased property to a partnership in which the lessor held a fifty-one percent interest, without first offering the property to the lessee. The district court gave summary judgment for the lessor, and the lessee has appealed.

In 1972, Elm Investment...

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