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DOWNTOWN ATHLETIC CLUB v. HORMAN

No. 860109-CA.

740 P.2d 275 (1987)

DOWNTOWN ATHLETIC CLUB, a Utah Corporation, Plaintiff and Appellant, v. S.M. HORMAN, an individual a/k/a Sid Horman; S.M. Horman & Sons, a partnership; and S.M. Horman & Sons Company, Defendants and Respondents. S.M. HORMAN & SONS COMPANY, Counter-Plaintiff and Respondent, v. DOWNTOWN ATHLETIC CLUB, a Utah corporation, and David G. Yurth, an individual, Counter-Defendants and Appellant.

Court of Appeals of Utah.

July 28, 1987.

Attorney(s) appearing for the Case

L.R. Gardiner, Jr., Thomas R. Vuksinick, Chapman and Cutler, Salt Lake City, for defendants and respondents.

Lorin N. Pace, G. Randall Klimt, William B. Parsons, Salt Lake City, Pace, Klimt, Wunderli & Parsons, for plaintiff and appellant.

Before BILLINGS, GARFF and JACKSON, JJ.

OPINION

BILLINGS, Judge:

Appellant, Downtown Athletic Club ("DAC") appeals from the district court's judgment denying its motion to continue and its motion to compel further discovery, and granting respondents' (jointly referred to as "Horman") motion for summary judgment. DAC contends that the trial court erred in ruling as a matter of law that the conditions precedent to the parties' agreement were not satisfied thus discharging Horman's obligation to...

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