Birdzell v. Utah Oil Refining Co.

WOLFE, Chief Justice.

Action by the appellant, plaintiff below, to recover damages for the alleged breach by the respondent of an oral contract to execute a sub-lease of real property. The trial court granted a motion made by the respondent for a summary judgment in its favor on the ground that neither the alleged agreement nor an adequate memorandum thereof was in writing as required by Section 33-5-3, Utah Code Annotated, 1943. From that judgment, this appeal is. brought by the appellant.

In 1936, the respondent, which had leased certain service station facilities at Wendover, Tooele County,…