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F.C. STANGL, III v. ERNST HOME CENTER

No. 950187-CA.

948 P.2d 356 (1997)

F.C. STANGL, III, an individual dba F.C. Stangl Construction Company, Plaintiff and Appellee, v. ERNST HOME CENTER, INC., a Washington corporation, Defendant and Appellant.

Court of Appeals of Utah.

October 30, 1997.

Attorney(s) appearing for the Case

Julianne P. Blanch, Salt Lake City, and Roger J. Kindley, Seattle, WA, for Appellant.

Stephen G. Crockett, Stephen T. Hard, Nanci Snow Bockelie, and Rebecca S. Parr, Salt Lake City, for Appellee.

Before DAVIS, BENCH and JACKSON, JJ.

DAVIS, Presiding Judge:

Defendant Ernst Home Center, Inc. (Ernst) appeals the trial court's judgment in favor of plaintiff F.C. Stangl, III (Stangl). We reverse.

FACTS

Generally, defendant accepts the trial court's findings of fact. Thus, we recite the facts directly therefrom.

Stangl has been in the real estate development and construction business for numerous years. Since 1979, Stangl had an ownership interest in the property at issue...

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