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RICHARD BARTON ENTERPRISES, INC. v. TSERN

Nos. 940295, 940321.

928 P.2d 368 (1996)

RICHARD BARTON ENTERPRISES, INC., a California Corporation, dba California Packaging, and Richard Barton, Individually, Plaintiffs, Appellees, and Cross-Appellants, v. John F. TSERN and the Tsern Family Trust, Defendants, Appellants, and Cross-Appellees. John F. TSERN and the Tsern Family Trust, Third-Party Plaintiffs, v. KIMBALL ELEVATOR COMPANY, a California Corporation, Third-Party Defendant.

Supreme Court of Utah.

Rehearing Denied December 12, 1996.

Attorney(s) appearing for the Case

Donald J. Winder, Robert D. Tingey, Salt Lake City, and Michael J. Cappelli, Laguna Niguel, Cal., for Bartons.

John T. Anderson, Salt Lake City, for Tserns.

Russell C. Fericks, Salt Lake City, for Kimball Elevator Co.

STEWART, Associate Chief Justice:

Defendants John F. Tsern and the Tsern Family Trust (collectively "Tsern") appeal a judgment awarding plaintiffs Richard Barton and Richard Barton Enterprises (collectively "Barton") a rent abatement under a commercial lease and the cost of repairing an elevator. Barton has cross-appealed the trial court's award of attorney fees and interest. We affirm.

I. FACTS

On November 21, 1991, Barton and Tsern entered into...

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