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DAVIS v. PAYNE AND DAY, INC.

No. 9386.

12 Utah 2d 107 (1961)

363 P.2d 498

JOHN S. DAVIS, D/B/A GENEVA LUMBER COMPANY, A SOLE PROPRIETORSHIP, PLAINTIFF AND RESPONDENT, v. PAYNE AND DAY, INC., A CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

July 10, 1961.

Attorney(s) appearing for the Case

Young, Young & Sorensen, Provo, for appellant.

Ballif & Ballif, Provo, for respondent.

CROCKETT, Justice.

Defendant, Payne and Day, building contractor, appeals from a judgment in the amount of $7,294.61 for building materials it received from plaintiff and used in connection with constructing a group of 61 homes at Provo, Utah. This was the second trial and is the second appeal; a new trial having been ordered by this court upon plaintiff's appeal from a dismissal at the close of his evidence on the first trial. See 10 Utah.2d 53...

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