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Show MONDAY, APRIL 16, 1973 TNC Small Claims Court 874 - Lowell and Steve 30355 vs JOHN auto damages $29,400. vs LUCE AND BONNIE LUCE HALTER Pltf200.00; rent and 894 deposit vs RONALD - Jim Dross os vs 30358 Pltf$200.00; stock sell off for DOUG POHL; non-paym- ent - Zlnlk's Sporting 30359 vs bal due Dennis C. Pulsipher etux to American Sav $18,000 773 Ashton Avenue. 903 Thomas W. Pltf$38.72 COLIN HENRY; 30361 - Carlos Lltster vs SALLY BENCH; TV SERVICE FACTORY CO. INC 30363 - Bush JERRY DUGGER; & Gudgell vs V. Keith Livingston etux to Murray 1st Thrift $942' 911 v E. Payne WOODBURY AND LATHAM Russell H. Romney etux to Continental Thrift $7506. 912 BROS Pltf$200.00;auto TRUCKING; Salt damages - Dorothy Buttervood v 30365 Pltf$200.00 value of refrlg.or return of RAY same - Pullman Wholesale Tailors vs NANCY PULSEN Pltf$62.70; returned check 932 Warren ' 943 - Commercial Credit vs CHARLOTTE $162.72; bal 30368 - Lirong Ptf HARBY; 935 Hang vs MATHA-LAN- City. John S. Clugston etux to First Federal oav. $23 500. Salt LakeCity. 30366 Corp Lake 919 EWELL; 30367 December 18, 1969, Brown sold the realty to Empire Investment Co., Inc. On December 21, 1969, this corporation as the general partner and the Fleenors as limited partners signed an agreement and duly qualified as a limited partnership under the name of "Empire Investment Corporation and Associates, a Limited Partnership." All of the stock of Empire Investment Co. , Inc., was held by three men, namely, Lords, Bachman, and Hunter. While the agreement of limited partnership states that it is between Empire Investment Corporation, as the general partner and W. F. Fleenor and D. E. Fleenor as limited partners, it is signed by Empire Investment Co. , Inc. , by Jack Lords, President, and also contains the signatures of Lords, Bachman, and Hunter over the printed words "as individuals, the General Partners." On Salt LakeCity. - Frederick 30364 48-2-- Talbot etux to H. D Empire Investment Co., Inc., on Spet ember 1, 1970, sold the real property to Olympic Holding Corporation of Ameriia and received $5,500 as a down payment. J. Christensen etux to Walker Bank $15,000. Salt Lake City. The Neilsons knew nothing about the Fleenors and sold to Brown at a time when there was no limited partnership in existence. When payments were not made, Neilsons duly repossessed the property. etux to Valley Bank $2000. Salt Lake City. George E. Buck Empire Investment Co. , Inc. , sued Brown and the Neilsons, alleging fraud, and claimed that Neilsons raised the assessments for repairs on the condominium and made unusually heavy assessments for placing unnecessary sidewalks so that the payments received by the Empire Investment Co., Inc., were not sufficient to cover the payments required to be made on the contract of sale. Olympic filed an action claiming to be the owner of the property, and both of these actions were consolidated for trial. In order to avoid trial and to clear the title, the actions were settled by Neilsons agreeing to pay Empire $12, 500 and Empire agreeing to pay Olympic $5,500, and all of the plaintiffs were then to surrender any and all claim they had in and to the realty. .At that time the Fleenors also had a suit filed against Empire Investment Co. , Inc. , and the stockholders thereof for an accounting of the limited partnership dealings, and so as a part of the settlement of the other two actions a stipulation was made that the rights of others not named therein -- - namely, Empire Investment Corporation and Associates, a Limited Partnership, and D. E. Fleenor and W. F. Fleenor - would not be affected. It will be noted that it was a general partner -- - to wit. Empire Inwstment Co. , Inc. - which as a plaintiff in the prior action settled whatever rights the partnerhave had against the Neilsons, and the limited partners cannot now ship may under the guise of the partnership entity relitigate substantially the same issues by seeking to have the real property returned to the partnership entity. Their rights, if any they have, are against the general partner and not the sellers, who simply repossessed the property for failure of all parties to pay as provided in the original contract of sale. Stephen L. Jackson etux to Zions 1st Nat. $4975 20. Salt LakeC.Si-y. FLOREZ AND LENO FLOREZ Pltf$100.00; auto 938 damages Trust Deeds 795 799 Cr. Un. Bank $3261.96. SLC Em. to Walker Salt Lake City. 801 William R. Rytting etux to First Federal Sav. $24 300. 5493 South Fare Oaks Drive. Cyaig R, Wilding etux to Commonwealth Mtge. $17, 300. 804 Gregory A. Gordon etux to Commonwealth Mtge. $1 300. 2378 West 500 814 South. 3001 West 2995 So. Paul R. Milard etux to Prud. Fed. Sav. $5400. 324 East Kensington Ave. John A. Belden Jr., etux to Continental Bank $5000 1431 Indiai Hills Circle. weve got what FROM LINCOLN MERCURY IS JUST GOOD BUSINESS 9 9 takes YOU LEASE IT FROM A NEW COMET, CONTINENTAL, RECEIVE FULL US-- AT NO EXTRA COST MONTEGO, COUGAR, MONTEREY, LINCOLN-MERCUR- MARQUIS, AND Y COUPONS (EXCEPT TIRES, ALIGNMENT, HONORED AT ALL FORD AND LINCOLN-MERCURY THE NATION. 40,000 MILES AT A SMALL . . . EXTENDED MAINTENANCE UP TO LINCOLN MKltCUllY C A 1111 12-6- CALL BOB SVITAK or. PRESTON 3469 SO. STATE SLC 48-2-2- U."C.A. 6, ' 1953. FINANCING STATEMENTS - Suzy & Glenn Muller, 964 Dresden Place SLC to Employrs Crdt Union; hhg 754 ; - Angie Pearce, 349 Elizbh to Pacfc Fin; machn 758 - Stanley Short 1973 E. 4625 S. SLC & Sons, to Vly Bk - Elwin A. & Margo Elieon, Hashingtn to Dial Fin of SLC; hhg 768 3226 Co 774 - Mrs. Georgia Naylor, 218 Edith Ave SLC to Dial Fin Co of SLC; hhg 769 - John E. & Susan Jackson, 774 Redmaple Cir to Dial Fin Co of SLC; hhg 775 - David B. & Tanya Uorkntan, 158 H. 5th S. SLC to Dial Fin Co of SLC; hhg 770 - Mark L. & Vida 3256 H. Crst Rd. SLC Fin Co of SLC; hhg 776 - Paul M. & Sharon 381 Downington Ave SLC & Trst Co; equip Houaley, to Dial 262-923- 7 LEE 766- - Clarence E. Vicent, Sndy & Carol 10047 S. Marble to Dial Fin Co Fin Co; hhg hhg Co 777 - Pearl of SLC; Buts, to Dial 772 - Paul G. & Ann Topham, 3991 Las Flores SLC to Dial Fin Co of SLC; hhg 773 - Garth C. Hynell 2742 Downs Hay Grngr Fin Co of SLC; hhg 12th Hardy, to Dial E . SLC; SLC I. Collins, SI 3061 to Dial Poog, 1593 S. to Dial Fin - Robert J. Flores, hhg SLC; hhg 778 St. hhg 767 - Carl P. & Pet 5076 H. 5320 S. SLC - Bill I. & Victoria Lengele, 7531 S. 2920 H. H. jrdn to Dial Fin Co of SLC; 771 of Fin 763 YOI.I'MK IS 01 ll M'SIXKSS AT OPEN TILL 9:30 WEEKDAYS (SUNDAYS ) Section - John M. & Violet Murphy, 9855 Amber Li. Sndy to City Fin Co; hhg NOMINAL COST ALSO. DON RICHARDS f 1. 755 MAINTENANCE HKMK.MHKK The judgment of the trial court is affirmed. Costs are awarded to the respondents. SLC MARK IV FROM DON RICHARDS WHEEL BALANCES) DEALERS THROUGH have a statute which provides, "A contributor, unless he is a general partner, is not a proper party to proceedings by or against a " See also 60 Am Jur 2d, partnership Partnership, 380. We Hwimsc Kvervone Klsc Tells Vim Only How Murli It Will Cost You . . . We Tell You Wluit We Will I)o Kor You For This Cost. WE WILL SERVICE AND MAINTAIN YOUR NEW LINCOLN OR MERCURY FREEl YES. FREEl FOR 2 YEARS OR 24,000 MILES WHEN LEASE -- LEASING it in dispute. U.C.A. 1953. Murray 1st Thrift $2320. Salt Lake City. Pltf$176.00 bal due Alton 910 Kozlk,pres) Pltf$150 repairs and damages (Nick are not On November 1, 1969, Neilsons sold by contract the realty in question to Brown as "a general partner. " W. F. and D. E. Fleenor had furnished $25,000 to Brown, of which sum Brown used approximately $17, 500 as a down payment on the contract. The Fleenors expected to be made limited partners, but no certificate was signed and filed as required by Section 2, Kenneth R. Turner etux to Murray 1st Thrift $10, 763.68. Salt Lake City. 909 - Elizabeth Allen vs 30362 The facts Errett First Federal Sav. $43, 000 . 3548 Sunil and Drive Pltf$156.72; bal due This is an action by a limited partnership claiming to have an ownership trust in a condominium and in certain real property owned by the defendants. From a judgment dismissing its complaint the plaintiff appeals. in Paul H. Turn etux to 906 rent and damages L. M. Cummings, Clerk ELLETT, Justice; etux to American Sav. $12,000. 3289 Blue Haven Drive. - Salt Lake Music vs 30360 RAY 900 Gds Pltf$80.46 STEPHEN HILL; to Walker Salt Lake R. Rich Hammond etux to American Savings $33,300 7742 South 3545 East 897 FILED April 2, 1973 Neilaon Construction Company, a Utah corporation, A. P. Neilaon Construction Company, a Utah corporation, Skivation, Incorporated, a Utah corporation, and Edelweiss Haus Condominium Project, By and Through Its Management Committee, Defendants and Respondents. City. Pltf$200. KL0TZ; bal due Box 21204. Roger W. Hager Bank $21,500. - Hansen Refrigeration 30357 PO No. 12977 v. Rae M. Sanchez to Prud Fed. Sav. $9000. I69 East Wentworth. 892 - Michael Free Plaintiff and Appellant, Farter Brothers Realty to State Savings and Loan 882 am Pltf$97.64 BURIST; 30356 Bur-ningh- BURIST AND VERONA Empire Investment Corporation and Associates, a limited partnership, First Federal Sav. $33, 200. 61I4I Viscount! Dr. Pltf$73.00 OLSEN; In The Supreme Court Of The State Of Utah Larry G. Olson etux to 877 - Ralph Merrill vs reimbursement vans etux to John D. FOUR T Mtge. InS. $19,70000. 14909 South 4380 West. unpaid balance DOUGLAS PAGE Trust Deeds 30353 - Dr. Dean H. Heaver vs JULIE MC LEAN; Pltf$200. 30354 DAILY RECORD & Co of Helen S. Courtney Dr. to Dial Fin Co of SLC;hhg |