DAVIS v. PAYNE AND DAY, INC.

No. 9075.

10 Utah 2d 53 (1960)

348 P.2d 337

JOHN S. DAVIS, DBA GENEVA LUMBER COMPANY, PLAINTIFF AND APPELLANT, v. PAYNE AND DAY, INC., A CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

January 19, 1960.


Attorney(s) appearing for the Case

Young, Young & Sorensen, Provo, for appellant.

Ballif & Ballif, Provo, for respondent.


WADE, Justice.

Plaintiff appeals from a judgment dismissing his action to recover for materials sold and delivered to defendant Payne and Day, Inc., respondent herein. The trial court sitting without a jury after hearing plaintiff's evidence granted defendant's motion to dismiss on the grounds that plaintiff had failed to show any right to relief. No findings of fact as authorized by Rule 41(b) U.R.C.P. were made, so the question presented is: did plaintiff's evidence...

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