SPRAGUE v. BOYLES BROS. DRILLING CO.

No. 8351.

4 Utah 2d 344 (1956)

294 P.2d 689

WALTER W. SPRAGUE AND U.S. FIDELITY & GUARANTY CO., PLAINTIFFS AND RESPONDENTS, v. BOYLES BROS. DRILLING CO., DEFENDANT AND APPELLANT.

Supreme Court of Utah.

February 29, 1956.


Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, Grant Macfarlane, Jr., Salt Lake City, for appellant.

Elliott W. Evans, Salt Lake City, for respondents.


CROCKETT, Justice.

Appeal from a judgment awarding Sprague and his surety damages for breach of contract in which Boyles Bros. agreed to break rock into proper size for use by Sprague in constructing a levee on the banks of the Snake River near Rigby, Idaho.

Sprague, the general contractor, let a subcontract to Boyles by which the latter undertook to break into sizes of 50 to 350 pounds a minimum of 12,200 tons of native rock located in Olsen Quarry, to be...

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