First Western Fidelity v. Gibbons and Reed Co.

CROCKETT, Justice.

Plaintiff First Western Fidelity, real estate investment trust, sued Gibbons and Reed, a construction corporation, for alleged breach of an agreement to leave 19.5 acres of land in North Salt Lake properly contoured for residential subdivision purposes after removing sand, gravel and fill materials therefrom. Upon a trial the court found against the plaintiff on these three propositions: (a) that plaintiff had no rights in the agreement, which had been entered into with its predecessor in title; (b) that the defendant had not breached the contract; and (c) that the plaintiff…