HOME ELECTRIC CORPORATION v. RUSSELL

Nos. 10382, 10383.

17 Utah 2d 276 (1965)

409 P.2d 388

HOME ELECTRIC CORPORATION, PLAINTIFF AND RESPONDENT, v. GEORGE RUSSELL ET UX., DEFENDANTS AND RESPONDENTS. GEORGE RUSSELL ET UX., THIRD-PARTY PLAINTIFFS AND RESPONDENTS, v. PACIFIC MUTUAL LIFE INSURANCE CO. ET AL., THIRD-PARTY DEFENDANTS AND APPELLANTS. KENNETH E. SMITH COMPANY, PLAINTIFF AND RESPONDENT, v. GEORGE R. RUSSELL ET UX., DEFENDANTS AND RESPONDENTS. GEORGE R. RUSSELL ET UX., THIRD-PARTY PLAINTIFFS AND RESPONDENTS, v. PACIFIC MUTUAL LIFE INSURANCE CO. ET AL., THIRD-PARTY DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

January 3, 1965.


Attorney(s) appearing for the Case

Horace J. Knowlton, Salt Lake City, for Home Electric Corporation.

Gustin, Richards & Mattsson, Frank J. Gustin, Salt Lake City, for George Russell et ux.

LeGrand P. Backman, Salt Lake City, for Pacific Mutual Life Insurance Co. et al.

Joseph S. Nelson, Salt Lake City, for Kenneth E. Smith Co.


HENRIOD, Chief Justice.

Appeal from a judgment holding Pacific Mutual Life primarily responsible for materialmen's claims. Affirmed with costs to defendant Russell.

Russells planned on building a home, employed Deseret Construction as contractor, and sought out Pacific Mutual Life to finance the construction. The latter, on its own printed contract forms agreed to advance sums of money as the work progressed, the last item of which was to be $4,000 after the...

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