WORTHINGTON & KIMBALL v. C & A DEV. CO.

Nos. 20674, 20676.

777 P.2d 475 (1989)

WORTHINGTON & KIMBALL CONSTRUCTION COMPANY, a Utah general partnership, Gary Worthington and Edwin N. Kimball, general partners, Plaintiffs and Appellants, v. C & A DEVELOPMENT COMPANY, an Arizona corporation, C & A Enterprises, an Arizona partnership, First Interstate Bank of Arizona, N.A., Stewart Title Company of Salt Lake City, C & A Development Company, Inc., an Arizona corporation, Permaloy Corporation, a Utah corporation, Otto Buehner & Company, Holbrook Company, Inc., Donald K. Lybbert, dba Lybbert Masonry Company, Joseph Smith Plumbing, Redd Roofing Company and John Does 1 through 24, Defendants and Appellees. WORTHINGTON & KIMBALL CONSTRUCTION COMPANY, a Utah general partnership, Gary Worthington and Edwin N. Kimball, general partners, Plaintiffs and Appellees, v. C & A DEVELOPMENT COMPANY, an Arizona corporation, C & A Enterprises, an Arizona partnership, First Interstate Bank of Arizona, N.A., Stewart Title Company of Salt Lake City, C & A Development Company, Inc., an Arizona corporation, Permaloy Corporation, a Utah corporation, Otto Buehner & Company, Holbrook Company, Inc., Donald K. Lybbert, dba Lybbert Masonry Company, Joseph Smith Plumbing, Redd Roofing Company and John Does 1 through 24, Defendants and Appellants.

Supreme Court of Utah.

July 7, 1989.


Attorney(s) appearing for the Case

Robert F. Babcock, Salt Lake City, for Worthington & Kimball Const. Co.

Robert F. Bentley, Scottsdale, Ariz., for C & A Development Co. and C & A Enterprises.

Thomas A. Duffin, Salt Lake City, for Otto Buehner & Co.

LaVar E. Stark, Ogden, for First Interstate Bank of Arizona and Sec. Title Co.


HALL, Chief Justice:

These consolidated appeals stem from an action which arose out of the construction of a manufacturing plant. C & A Development and C & A Enterprises (hereinafter "C & A") failed to pay the general contractor, Worthington & Kimball ("Worthington"), the balance due on a construction contract. The claims of Worthington and the counterclaim of C & A were arbitrated pursuant to an arbitration agreement contained in the construction...

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