Ellison v. Johnson

CALLISTER, Justice:

The lower court entered judgment for plaintiffs in their action to recover the balance allegedly due under the terms of a “Lease Agreement.” Defendants appeal therefrom.

In 1947, plaintiffs entered into a lease with a Dr. Robinson, owner of the real property herein involved. The lease was for a term of IS years and obligated plaintiffs to pay a nominal monthly rental and to construct a building which would be occupied by plaintiffs during the lease term, but which would become the property of Dr. Robinson at the termination of the lease.

The building was constructed and the…