Hurlburt v. Gullo

OPINION

BENCH, Judge:

Plaintiff appeals from an order of summary judgment entered against him in his action for damages resulting from breach of a lease. We reverse the summary judgment and remand for further proceedings.

Defendant Rosetta Foote and her husband Donald owned an approximately five acre parcel of property, together with two and one-half shares of irrigation water, in Slaterville, Utah. Their home and a garden occupied about one and one-half acres while the remaining three and one-half acres, separated by a fence and ditch, were used for farming.

In early April 1983, plaintiff Donald…