FIRST SEC. FINANCIAL v. OKLAND LTD., INC.

No. 860314-CA.

750 P.2d 195 (1988)

FIRST SECURITY FINANCIAL, a Utah corporation, Plaintiff and Respondent, v. OKLAND LTD., INC., and Bradshaw-Ferrin Development Company, now known as Bradshaw Development Co., a Utah corporation, Defendants and Appellants, v. Doug BRADSHAW, Robert M. Simonsen, City Gate Condominium Partnership, a limited partnership, and John Does 1-5, Third-Party Defendants and Respondents.

Court of Appeals of Utah.

February 10, 1988.


Attorney(s) appearing for the Case

John Michael Coombs, Leonard W. Burningham (argued), Salt Lake City, for Okland Ltd.

Steven D. Crawley, Salt Lake City, for Bradshaw Development.

Kyle W. Jones, Salt Lake City, for First Sec.

L.R. Gardiner, Fox, Edwards, Gardiner & Brown, Salt Lake City, for City Gate Condominium Partnership.

Before GREENWOOD, JACKSON and ORME, JJ.


OPINION

GREENWOOD, Judge:

Defendant Okland Ltd., Inc. (Okland) appeals from a summary judgment granted plaintiff, First Security Financial (First Security), for Okland's breach of an equipment lease agreement. Okland claims on appeal that the trial court erred in granting the motion for summary judgment because genuine issues of material fact existed, or, alternatively, the lease should be declared void as a penalty and the judgment reversed.

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