ROSS v. LEFTWICH

No. 9638.

14 Utah 2d 71 (1963)

377 P.2d 495

M.S. ROSS AND JESSIE L. ROSS, D/B/A ROSS CONSTRUCTION COMPANY, PLAINTIFFS AND APPELLANTS, v. JACK LEFTWICH AND MARK LEFTWICH, D/B/A LEFTWICH CONSTRUCTION COMPANY, AND UNITED PACIFIC INSURANCE COMPANY, A CORPORATION, ALTA DITCH AND CANAL COMPANY, A CORPORATION, AND OREM CITY METROPOLITAN WATER DISTRICT, A CORPORATION, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

January 8, 1963.


Attorney(s) appearing for the Case

Marr, Wilkins & Cannon, Richard H. Nebeker, Salt Lake City, for appellants.

Raymond M. Berry, Salt Lake City, Howard & Lewis, Provo, for respondents.


CALLISTER, Justice.

This is an action for money allegedly due from rental of construction equipment. Plaintiffs' complaint was dismissed as to all defendants. However, plaintiffs appeal the dismissal only as to Leftwich Construction Company, a partnership, and United Pacific Insurance Company. The counterclaim of the Leftwich partnership was also dismissed, but no appeal therefrom has been taken.

Mrs. Ross was the principal witness on behalf of herself and...

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