SACRAMENTO BASEBALL v. GR. N. BASEBALL

No. 19736.

748 P.2d 1058 (1987)

SACRAMENTO BASEBALL CLUB, INC., Plaintiff and Appellant, v. The GREAT NORTHERN BASEBALL COMPANY, a corporation, Dale D. Bain, aka Dale R. Bain, and Dennis R. Job, Defendants and Respondents. Dale D. BAIN, Third-Party Plaintiff, v. Carmin CAPOZZOLI and Bernadine Capozzoli, individuals, Third-Party Defendants.

Supreme Court of Utah.

December 29, 1987.


Attorney(s) appearing for the Case

Steven H. Gunn, Salt Lake City, for Sacramento Baseball Club, Inc.

William T. Thurman, Salt Lake City, for Great Northern Baseball Co.

Dean R. Mitchell, Salt Lake City, for Bain.

John J. Borsos and Dennis F. Olsen, Salt Lake City, for Job.

George M. Haley, Salt Lake City, for Capozzoli.


DURHAM, Justice:

Plaintiff sued the guarantors of a contract for delinquent sums owed under the contract. The trial court held that the two documents used by the parties were two contracts and that the second lacked sufficient consideration and therefore could not be enforced. We reverse.

The parties submitted the case to the trial court on stipulated facts. Defendant Great Northern Baseball Company (Great Northern) agreed to buy a baseball franchise from...

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