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ALL METALS & FAST., INC. v. ASSOCIATED BOLT & SUP., INC.

No. 13862.

535 P.2d 81 (1975)

ALL METALS & FASTENERS, INC., a Utah Corporation, Plaintiff and Respondent, v. ASSOCIATED BOLT & SUPPLY, INC., an Idaho Corporation, aka J & R Products, et al., Defendants and Appellants.

Supreme Court of Utah.

May 7, 1975.

Attorney(s) appearing for the Case

Earl Jay Peck of Nielsen, Conder, Hansen & Henriod, Salt Lake City, for defendants and appellants.

Hardin A. Whitney and Jeffrey N. Clayton of Moyle & Draper, Salt Lake City, for plaintiff and respondent.

ELLETT, Justice:

Plaintiff commenced an action against Associated Bolt for goods sold on account and against Jones and Robinson based upon a written guaranty to pay for merchandise sold to Associated Bolt. On the day of trial the court permitted plaintiff to amend its complaint to allege an oral guaranty on the part of Jones and Robinson.

The trial court found:

6. On January 20, 1974, Defendants Farrell J. Jones and A. Wayne Robinson orally guaranteed...

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