PULSIPHER v. TOLBOE

No. 9571.

13 Utah 2d 190 (1962)

370 P.2d 360

J.L. PULSIPHER, JR., AND W.L. PULSIPHER, PLAINTIFFS AND APPELLANTS, v. IRWIN D. TOLBOE, AND UNITED PACIFIC INSURANCE COMPANY, A CORPORATION, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

April 2, 1962.


Attorney(s) appearing for the Case

John Farr Larsen, Salt Lake City, for appellants.

Young, Young & Sorensen, Provo, for respondents.


CROCKETT, Justice.

Plaintiffs sued defendant Tolboe (and his surety) for failure to fully perform a contract to construct a motel and related business units including swimming pool, cafe, service station and a bulk oil storage plant to be known as Western Village, Inc. near Mesquite, Nevada. Tolboe pleaded full performance and counter-claimed for $1,000 plaintiffs had withheld.

After a trial to the court it rendered judgment in favor of the defendant for the...

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