G. Eugene England Foundation v. Smith's Food King No. 6

CROCKETT, Justice:

Plaintiff, G. Eugene England Foundation, as the prior owner-lessor of commercial real property at 4085 West and 4715 South in Kearns, Utah, brought suit against the lessee, defendant Smith’s Food King No. 6, to recover rent Smith’s was paying to the present lessor, First Federal Corporation. On the basis of depositions,, interrogatories, and documentary evidence, both parties moved for summary judgment. The court ruled that plaintiff Foundation was not entitled to the rents and granted defendant’s motion. Plaintiff appeals.

The substance of plaintiff’s contention is: that it…