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L & M CORP. v. LOADER

No. 18743.

688 P.2d 448 (1984)

L & M CORPORATION, a Utah corporation, Plaintiff and Respondent, v. Grant LOADER, Defendant and Appellant.

Supreme Court of Utah.

Petition for Rehearing October 1, 1984.

Attorney(s) appearing for the Case

Ray M. Harding, Jr., Pleasant Grove, Victor N. Gibb, Orem, for defendant and appellant.

Heber Grant Ivins, American Fork, for plaintiff and respondent.

OAKS, Justice:

A lessor appeals an award of damages to his lessee for breach of a right of first refusal. This appeal turns on whether the plaintiff-lessee assigned his right of first refusal before he brought this action for its breach.

Grant Loader gave a 5-year lease on a building and real property to L & M Corporation for a "Chicken Time" restaurant. The written lease gave L & M a right of first refusal upon Loader's sale of the premises. Within...

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