Utah Supreme Court, 1976

Tate's, Inc. v. Little America Refining Co.

Tate's, Inc. v. Little America Refining Co.
Utah Supreme Court · Decided July 13, 1976
551 P.2d 1257; 1976 Utah LEXIS 875 (Pacific Reporter, Second Series)

Tate's, Inc. v. Little America Refining Co.

Opinion of the Court

PER CURIAM:

This case was here before (535 P.2d 1228). We reversed the judgment of the trial court which was based on an accord and satisfaction theory.

The court, on review, in accounting for any claims for damage or breach of contract came up with another judgment, that is now being attacked on appeal on the basis of insufficiency of the evidence. The evidence was somewhat controversial, but there appears to be sufficient competent, admissible evidence to support the second judgment of the trial court, and under *1258familiar rules of review we are constrained to and do affirm the judgment in this case, the parties, by stipulation, having invited the trial court and us to conclude this case on such stipulated basis.

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