SHUPE v. MENLOVE

No. 10405.

18 Utah 2d 130 (1966)

417 P.2d 246

RUTH W. SHUPE, PLAINTIFF AND RESPONDENT, v. ROY A. MENLOVE, DBA MENLOVE CONSTRUCTION COMPANY, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

August 5, 1966.


Attorney(s) appearing for the Case

George M. McMillan, Franklin D. Johnson, Salt Lake City, for appellant.

Bryce E. Roe, Salt Lake City, for respondent.


CROCKETT, Justice.

This suit arises out of a written contract by which the defendant Roy A. Menlove agreed to build a house for the plaintiff at 1203 Yale Avenue in Salt Lake City for cost plus ten per cent. Upon a trial by jury of the various issues presented it found: (1) that defendant had substantially performed; (2) that his reasonable cost plus ten per cent totaled $43,000; (3) that his request for reasonable attorney fees, costs and certain other disbursements...

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