DAY & NIGHT HEATING COMPANY v. RUFF

No. 10811.

19 Utah 2d 412 (1967)

432 P.2d 43

DAY & NIGHT HEATING COMPANY, INCORPORATED, A UTAH CORPORATION, PLAINTIFF AND APPELLANT, v. C.M. RUFF, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

September 22, 1967.


Attorney(s) appearing for the Case

Watkins, Pace & Watkins, Lorin N. Pace, Salt Lake City, for appellant.

Roe, Jerman & Dart, B.L. Dart, Jr., Ralph L. Jerman, Salt Lake City, for respondent.


HENRIOD, Justice:

Action to recover a balance due for material and labor furnished for a home, where the court granted a motion to dismiss. Affirmed with costs to Ruff.

The action was based on the statute allowing recovery by a materialman against the owner who failed to require a bond from the contractor.1 In this case the contractor went bankrupt, — hence this suit.

At the time plaintiff's cause of action arose...

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