Russell v. Park City Utah Corporation

CROCKETT, Justice:

Plaintiffs Russell sued to terminate all rights of defendant Park City Utah Corporation in a lease for nonpayment of rent. Plaintiffs’ motion for summary judgment was granted, and defendant appealed. We remanded for trial.1 From a judgment terminating both the lease and an option to purchase contained therein, defendant appeals, contending that there was no termination of the lease, and that even if there was, the option to purchase did not fall with it.

Defendant’s predecessor obtained a ten-year lease with an option to purchase on March 31, 1967. On July 31, 1967,…