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TATES, INC. v. LITTLE AMERICA REFINING CO.

No. 13681.

535 P.2d 1228 (1975)

TATES, INC., Plaintiff and Appellant, v. LITTLE AMERICA REFINING CO., a corporation, dba Little America, Defendant and Respondent.

Supreme Court of Utah.

May 15, 1975.

Attorney(s) appearing for the Case

Keith E. Sohm, Salt Lake City, for plaintiff and appellant.

Richard L. Bird, Jr., and Gregory L. Seal, Richards, Bird & Kump, Salt Lake City, for defendant and respondent.

CROCKETT, Justice:

Tates, Inc., sued defendant, Little America for $3,407.26 as the balance owed on a 45-passenger bus which it had sold the defendant for a contract price of $28,514.37. Defendant answered: Not indebted; that in connection with making its last payment there had been an accord and satisfaction of the entire debt; and also asserted a counterclaim for $5,500 damages for failure to deliver the bus within the agreed time.

At the conclusion of the...

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