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SANTI v. DENVER & RIO GRANDE WESTERN RAILROAD CO.

No. 10988.

442 P.2d 921 (1968)

21 Utah 2d 157

Joseph SANTI, Plaintiff and Appellant, v. The DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, a corporation, Defendant and Respondent.

Supreme Court of Utah.

June 20, 1968.

Attorney(s) appearing for the Case

Richard C. Dibblee, of Rawlings, Wallace, Roberts & Black, Salt Lake City, for appellant.

Grant Macfarlane, Jr., and Thomas M. Burton, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for respondent.

CROCKETT, Chief Justice:

Plaintiff Joseph Santi sued the defendant, The Denver & Rio Grande Western Railroad Company, claiming breach of contract to sell him 16 carloads of lumber which had been dumped along the railroad right-of-way in a train wreck and derailment November 3, 1962, near Woodside, Utah. Upon a plenary trial the district court found that no contract had been entered into and rendered judgment against the plaintiff. He appeals.

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