SMITH v. ROYER

No. 12243.

485 P.2d 664 (1971)

26 Utah 2d 83

E. Penn SMITH, Plaintiff and Appellant, v. Fred W. ROYER and Western Surety Company, Defendants and Respondents.

Supreme Court of Utah.

May 28, 1971.


Attorney(s) appearing for the Case

Michael W. Park, of Burns & Park, Cedar City, for appellant.

Roger F. Cutler, of Davis & Cutler, Salt Lake City, for respondents.


ELLETT, Justice:

E. Penn Smith appeals from the ruling of the trial court in granting a summary judgment against him and denying his own motion for summary judgment. The facts as he claims them to be are as follows:

On July 27, 1965, Austin B. Smith, individually or as president of Gold Bar Resources, a corporation, leased from him certain lands and pursuant to the lease agreement did on September 16, 1966, give him possession of a certain automobile as a...

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