Utah State Medical Ass'n v. Utah State Employees Credit Union

PALMER, District Judge:

This case was tried to the court, sitting without a jury. From a judgment awarding only a portion of the damages sought, plaintiff appeals, seeking reversal as a matter of law, or that failing, remand to the trial court for appropriate proceedings.

On February 28, 1978, defendant entered into a purchase agreement under which the defendant agreed to sell, and the plaintiff agreed to purchase, certain improved real estate, including a building and equipment located at 540 East 5th South, Salt Lake City, Utah.

It was necessary for the defendant to retain possession of the…