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HOLBROOK v. WEBSTER'S INC.

No. 8724.

7 Utah 2d 148 (1958)

320 P.2d 661

WARD C. HOLBROOK AND MABEL F. HOLBROOK, HIS WIFE, PLAINTIFFS AND RESPONDENTS, v. WEBSTER'S INC., A CORPORATION, DEFENDANT AND APPELLANT, ELVIN COON ET UX. AND ET AL., DEFENDANTS, AND LEONARD A. TRIMBLE AND ALICE TRIMBLE, HIS WIFE, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

January 28, 1958.

Attorney(s) appearing for the Case

Nielsen & Conder, for appellant.

Milton V. Backman, John Farr Larson, John W. Lowe, Salt Lake City, for respondents.

WORTHEN, Justice.

Appeal by Webster's Inc. from an order granting a Summary judgment in favor of plaintiffs and against appellant.

On September 7, 1956, the plaintiffs filed an action agaisnt Webster's Inc., and others to foreclose a mortgage on certain real property in Davis County, State of Utah. The complaint alleged that appellant claimed a lien right for materials furnished.

Mr. Elvin Coon was a general contractor and builder of homes and built...

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