(Download) "Karl Winsness and Associates v. M.J." by Supreme Court Of Utah * Book PDF Kindle ePub Free
eBook details
- Title: Karl Winsness and Associates v. M.J.
- Author : Supreme Court Of Utah
- Release Date : January 06, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
STEWART, Justice: Plaintiff and defendant entered into a land lease agreement dated November 24, 1971, wherein plaintiff ("Lessor") leased certain land to defendant ("Lessee") in Delle, Utah, for the purpose of constructing and operating a service station thereon. Delle is located approximately 50 miles west of Salt Lake City on the road to Wendover and consists of an old, small cafe, motel, and service station. Subsequent to the signing of the land lease agreement, Lessee constructed a gasoline service station on the interstate highway which it opened to the public sometime in July, 1972. The November 24 lease agreement provided, inter alia, that Lessee would operate the station 24 hours each day and pay rental based in part on the quantity of motor fuel sold. On October 3, 1972, plaintiff sued defendant for failure to operate the station continuously and for other breaches of the agreement. That action resulted in a judgment pursuant to a stipulation on April 22, 1974. The judgment ordered that the lease be continued in effect with certain modifications. As relevant here the provisions of the judgment are that (1) Lessee would, during the remaining lease term, operate the station on a 24-hour per day basis except as product shortage might compel curtailment, and (2) Lessee would within one year construct a sewage lagoon of specified length and width which would meet minimum state and county requirements.
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