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AQUAGEN INTERN., INC. v. CALRAE TRUST

No. 970201.

972 P.2d 411 (1998)

AQUAGEN INTERNATIONAL, INC., fka Hystar Aerospace Marketing Corporation of Arizona, an Arizona corporation, Plaintiff & Appellee, v. CALRAE TRUST, a Utah trust, Calvin B. Smith, Defendant & Appellant.

Supreme Court of Utah.

September 4, 1998.

Attorney(s) appearing for the Case

James N. Barber, Richard J. Leedy, Salt Lake City, for plaintiff.

Janet Goldstein, Park City, for defendant.

DURHAM, Associate Chief Justice:

We granted Calrae Trust's petition for an interlocutory appeal in order to review the trial court's issuance of a preliminary injunction against it. The court held that the language contained in a contract between Calrae Trust and appellee Aquagen International, Inc., was clear and unambiguous. This ruling had the effect of forcing Calrae Trust to perform a contractual obligation despite a complete failure to perform by Aquagen International...

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