KING BROS., INC. v. UTAH DRY KILN COMPANY

No. 9626.

13 Utah 2d 339 (1962)

374 P.2d 254

KING BROS., INC., A CORPORATION, PLAINTIFF AND APPELLANT, v. UTAH DRY KILN COMPANY, INC., A CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

August 22, 1962.


Attorney(s) appearing for the Case

Orville Isom, Cedar City, for appellant.

Olsen & Chamberlain, Richfield, for respondent.


CROCKETT, Justice.

Plaintiff King Bros. sued for the reasonable value of materials supplied to Oregon Dryer Company, a contractor building a dry kiln plant for the defendant Utah Dry Kiln Company. There is no privity of contract between the plaintiff and defendant. The claim of liability is predicated upon the failure of the defendant property owner to require its contractor to furnish a performance bond as required by Sec. 14-2-1, U.C.A. 1953, quoted below.

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