STATE BANK OF SOUTHERN UTAH v. STALLINGS

No. 10782.

19 Utah 2d 146 (1967)

427 P.2d 744

STATE BANK OF SOUTHERN UTAH, A CORPORATION, PLAINTIFF AND RESPONDENT, v. THOMAS A. STALLINGS, DBA ALLYN ELECTRIC, AND RUTH A. STALLINGS, DEFENDANTS, HURRICANE BRANCH OF THE BANK OF ST. GEORGE, GARNISHEE, T.E. KAZE AND MAX GAMMON, DBA KAZE & GAMMON CONSTRUCTION COMPANY, INTERVENORS AND APPELLANTS.

Supreme Court of Utah.

May 10, 1967.


Attorney(s) appearing for the Case

Aldrich, Bullock & Nelson, Clair M. Aldrich, Provo, for appellants.

Durham Morris, Cedar City, for respondent.


ELLETT, Justice:

The appellants as general contractors constructed a public school building. The defendant, Thomas A. Stallings was the electrical subcontractor and bought his merchandise from Westinghouse Supply Company. He owed Westinghouse some $8,000, $2,200 of which was past due.

Appellants made out a check to Stallings in the amount of $2,250 and requested Stallings to endorse it so the appellants could take it to Westinghouse and apply it on the delinquent...

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