LABCO CONSTRUCTION COMPANY v. CALDWELL

No. 9781.

14 Utah 2d 254 (1963)

382 P.2d 206

LABCO CONSTRUCTION COMPANY, PLAINTIFF AND APPELLANT, v. CHANDLER CALDWELL AND GALEN ROSS, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

May 28, 1963.


Attorney(s) appearing for the Case

Golden W. Robbins, Salt Lake City, Hellerstein & Hellerstein and William F. Schenkein, Denver, Colo., for appellant.

Jimi Mitsunaga, Salt Lake City, for respondents.


HENRIOD, Chief Justice.

Interlocutory appeal from a dismissal with prejudice as to defendant Ross and a denial of motion for modification of such order, all at the pretrial level. Affirmed, with costs to Ross.

The subject of this case is a construction contract. The complaint alleged that Caldwell and Ross, an attorney, were partners and agreed in writing to pay plaintiff for remodeling a cafe, and that there was a default in payment. A contract was signed...

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