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CO-AX ENTERPRISES CORP. v. TRIAX CO.

No. 20033.

785 P.2d 387 (1989)

CO-AX ENTERPRISES CORP., a Utah corporation, Plaintiff and Appellant, v. The TRIAX CO., a Utah corporation, Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied November 8, 1989.

Attorney(s) appearing for the Case

Claron C. Spencer, Dale E. Anderson, Salt Lake City, for plaintiff and appellant.

William L. Nixon, Alpine, Denver C. Snuffer, Salt Lake City, for defendant and appellee.

STEWART, Justice:

Co-Ax Enterprises ("Co-Ax") appeals from a judgment of the trial court which held that Co-Ax failed to prove its breach of contract claim brought against The Triax Company ("Triax"). The parties have failed to make clear the exact procedural course of the case in the trial court. Nevertheless, we believe that the case is subject to an appropriate decision and proceed on the basis of the case as presented in the briefs.

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