ZION'S COOP. MERCANTILE INST. v. JACOBSEN CONST. CO.

No. 12431.

492 P.2d 135 (1971)

27 Utah 2d 6

ZION'S COOPERATIVE MERCANTILE INSTITUTION, Plaintiff and Respondent, v. JACOBSEN CONSTRUCTION CO. et al., Defendants and Appellants.

Supreme Court of Utah.

December 21, 1971.


Attorney(s) appearing for the Case

Wallace R. Lauchnor and F. Robert Bayle, of Bayle & Lauchnor, Salt Lake City, for defendants and appellants.

Stephen H. Anderson and Albert R. Bowen, of Ray, Quinney & Nebeker, Salt Lake City, for plaintiff and respondent.


ELLETT, Justice.

Jacobsen appeals from an adverse summary judgment. Zion's Cooperative Mercantile Institution, hereinafter called the owner, employed Jacobsen, hereinafter called contractor, to construct a large building on a cost-plus basis with provisions for extra compensation if costs were held below the architect's estimate. The building was to be erected on sloping ground, which necessitated some considerable amount of excavation and shoring by the contractor...

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