Hayden v. Collins

WOLFE, Justice.

This case was formerly decided October 16, 1934. That opinion is reported in 90 Utah 228, 37 P. (2d) 349, 352. It is now before us on rehearing granted. The following facts are given by way of introduction: On January 14, 1930, plaintiff Sam Hayden entered into a written agreement with the defendant, Ada Collins, by the terms of which the defendant leased from plaintiff the Holland Apartments for a term of five years at $300 a month payable in advance on the 13th day of each month. In the same lease she agreed to purchase the furniture in the apartment as follows:

“The lessor…