HATCH v. BYWATER

No. 8328.

4 Utah 2d 145 (1955)

289 P.2d 202

RICHARD K. HATCH, PLAINTIFF AND RESPONDENT, v. L. GORDON BYWATER AND HELEN BYWATER, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

October 28, 1955.


Attorney(s) appearing for the Case

Dwight L. King, Salt Lake City, for appellants.

Peter M. Lowe, Salt Lake City, for respondent.


HENRIOD, Justice.

Appeal from a judgment for plaintiff on a claim arising out a cost plus house construction contract. Affirmed, with costs to plaintiff.

A lump sum contract dated May 7 was signed on the same day that a cost plus contract dated May 9 was signed. The latter contained a provision that it modified the former. Defendants urge that the cost plus contract was to govern only in the event the construction costs ultimately proved to be less than the...

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