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BOISE-PAYETTE LUMBER CO. v. PHOENIX INDEMNITY CO.

No. 8115.

3 Utah 2d 150 (1955)

280 P.2d 448

BOISE-PAYETTE LUMBER COMPANY, A CORPORATION, PLAINTIFF AND APPELLANT, v. PHOENIX INDEMNITY COMPANY, A CORPORATION, BYRON J. DARLEY AND BONNIE H. DARLEY, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

February 25, 1955.

Attorney(s) appearing for the Case

Irving H. Biele, Salt Lake City, for appellant.

Ray, Quinney & Nebeker, W.O. Darley, Salt Lake City, for respondent.

WORTHEN, Justice.

This is an interlocutory appeal from a summary judgment entered upon motion of the individual defendants.

In August, 1951, defendant Byron J. Darley entered into an agreement with one Stanley H. Pickles for the construction of a residence on property owned by Darley. The agreement provided:

"2. The Contractor agrees to provide all of the materials and perform all of the work herein specified, and in the attached plans and specifications...

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