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JOHNSON TIRE SERVICE, INC. v. THORN, INC.

No. 16625.

613 P.2d 521 (1980)

JOHNSON TIRE SERVICE, INC., Plaintiff, Appellant and Cross-Respondent, v. THORN, INC., Defendant, Respondent, and Cross-Appellant.

Supreme Court of Utah.

June 13, 1980.

Attorney(s) appearing for the Case

Layne T. Rushforth of Crook & Rushforth, Orem, for plaintiff, appellant and cross-respondent.

Steven H. Stewart, Salt Lake City, for defendant, respondent and cross-appellant.

HALL, Justice:

Plaintiff initiated this action to recover the balance owing for tires purchased by defendant on open account, together with interest and attorneys' fees. The trial court awarded summary judgment for the balance of the account, plus accrued interest, but denied any recovery of attorneys' fees. Plaintiff appeals that denial, and defendant cross-appeals, challenging the award of interest.

Plaintiff and defendant are "merchants" within the meaning...

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