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M & S CONSTRUCTION & ENG. CO. v. CLEARFIELD STATE BANK

No. 10708.

19 Utah 2d 86 (1967)

426 P.2d 227

M & S CONSTRUCTION & ENGINEERING COMPANY, A UTAH CORPORATION, PLAINTIFF AND APPELLANT, v. CLEARFIELD STATE BANK, A UTAH CORPORATION, DEFENDANT AND RESPONDENT, VERN M. SMITH, RUSSELL D. STOKER AND JAMES H. MENDENHALL, ADDITIONAL DEFENDANTS AND APPELLANT.

Supreme Court of Utah.

April 6, 1967.

Attorney(s) appearing for the Case

King & King, Clearfield, H. Arnold Rich, Robert D. Moore, Salt Lake City, for plaintiff and additional appellant, Smith.

Olmstead, Stine & Campbell, Ogden, for respondent.

HENRIOD, Justice:

Appeal from a judgment notwithstanding the verdict, which judgment struck down a loan agreement as being offensive to the statute of frauds relating to contracts not to be performed within a year.1 Reversed and remanded for a new trial, with no costs.

Plaintiff, M & S, as subcontractor for one Steenberg, agreed to perform certain excavation work. The defendant bank furnished initial monies as loans under an...

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