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BARTON v. MTB ENTERPRISES, INC.

No. 930807-CA.

889 P.2d 476 (1995)

Richard BARTON dba Squire's Antiques, Plaintiff and Appellant, v. MTB ENTERPRISES, INC., a Utah corporation, Defendant and Appellee.

Court of Appeals of Utah.

January 31, 1995.

Attorney(s) appearing for the Case

Donald J. Winder, Robert D. Tingey, and John W. Holt, Salt Lake City, for appellant.

Richard N. Cannon, Salt Lake City, for appellee.

Before BILLINGS, DAVIS and JACKSON, JJ.

OPINION

BILLINGS, Judge:

Richard Barton (Barton) appeals the summary judgment in favor of appellee MTB Enterprises, Inc. (MTB). Barton contends the trial judge erroneously determined as a matter of law that service of a notice to pay or quit upon a tenant who is not in arrears, and who vacates the premises, does not constitute a constructive eviction. We affirm.

FACTS

The parties entered into an...

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