WESTERN MACHINERY COMPANY v. CONSOLIDATED URANIUM MINES

No. 5559.

247 F.2d 685 (1957)

WESTERN MACHINERY COMPANY, a corporation, Appellant, v. CONSOLIDATED URANIUM MINES, Inc., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

August 7, 1957.


Attorney(s) appearing for the Case

Ned Warnock, Salt Lake City, Utah (George A. Critchlow and A. W. Watson, Salt Lake City, Utah, were with him on the brief), for appellant.

Fred H. Evans, Salt Lake City, Utah (of the firm of Gustin, Richards, Mattsson & Evans, Salt Lake City, Utah), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

The appellant sued appellee on two counts, both to recover a balance of $23,008.47 for labor and material furnished and services rendered by appellant for the use and benefit of appellee at its special instance and request. The first count is said to sound in express or implied-in-fact contract; the second in quasi contract as for unjust enrichment. Point is made of inconsistencies of the two legal theories with the suggestion that a choice...

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