DOLORES URANIUM CORPORATION v. JONES

No. 9772.

14 Utah 2d 280 (1963)

382 P.2d 883

DOLORES URANIUM CORPORATION, A CORPORATION, PLAINTIFF AND APPELLANT, v. ROBERT W. JONES, D/B/A R.W. JONES TRUCKING COMPANY AND LEON BRADY, DEFENDANTS AND RESPONDENTS, ROBERT W. JONES AND WILMA A. JONES, A PARTNERSHIP, D/B/A R.W. JONES TRUCKING COMPANY, THIRD-PARTY PLAINTIFFS, v. DOLORES URANIUM CORPORATION AND BARNEY G. POWELL, THIRD-PARTY DEFENDANTS.

Supreme Court of Utah.

June 28, 1963.


Attorney(s) appearing for the Case

Moffat, Iverson & Elggren, Salt Lake City, for appellant.

Fabian & Clendenin, Ralph L. Jerman, Bartley G. McDonough, of Wilkinson, McDonough & Wilkinson, Salt Lake City, for respondents.


HENRIOD, Chief Justice.

Appeal from a dismissal of plaintiffs' complaint. Affirmed. Costs to defendants.

Powell owed Jones $445 for hauling his "cat." The evidence fairly shows that in payment therefor Powell authorized Jones to rent the equipment, which Jones did, to defendant Brady, who paid Jones for the time he claimed it was used.

On conflicting evidence the hourage radically ranged from 1) actual and 2) meter-reading use calculation. The trial...

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