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JENKINS v. BAILEY

No. 18536.

676 P.2d 391 (1984)

Ronald P. JENKINS, Plaintiff, v. Ronald L. BAILEY, Defendant, Third-Party Plaintiff and Appellant, v. ZION REALTY, Dixie Realtors, and David Limbacher, Third-Party Defendants, Counter-Claimants and Respondents, v. Mike EAGER and Ronald P. Jenkins, Third-Party Defendants.

Supreme Court of Utah.

January 12, 1984.

Attorney(s) appearing for the Case

Michael D. Hughes, St. George, for Bailey.

Scott J. Thorley, Cedar City, for Zion Realty & Limbacher.

Michael W. Park, Cedar City, Gary Pendleton, St. George, for Jenkins.

HOWE, Justice:

This is a breach of contract case in which defendant Ronald L. Bailey appeals, contending the trial court erred in (1) refusing to award him attorney's fees after finding that Zion Realty and David Limbacher, third-party defendants, had breached the contract; and (2) awarding fees against him on Zion and Limbacher's counterclaim.

Bailey bought a service station lot from plaintiff Jenkins, who reserved the right to later remove certain signposts...

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