STANGL v. TODD

No. 14105.

554 P.2d 1316 (1976)

F.C. STANGL, III, Plaintiff and Appellant, v. Burton M. TODD et al., Defendants and Respondents. MARATHON STEEL COMPANY, Plaintiff, v. Burton M. TODD et al., Defendants, Third-Party Plaintiffs and Respondents, v. F.C. STANGL, III, Third-Party Defendant and Appellant.

Supreme Court of Utah.

September 2, 1976.


Attorney(s) appearing for the Case

Frederick S. Prince, Jr., Kenneth W. Yeates, J. Rand Hirschi, of Prince, Yeates, Ward & Geldzahler, Salt Lake City, for plaintiff-appellant.

Earl D. Tanner, of Earl D. Tanner & Associates, Salt Lake City, for defendants-respondents.


MAUGHAN, Justice.

Plaintiff, a building contractor, brought this action to foreclose a mechanic's lien, for construction work performed pursuant to an agreement to build a high-rise apartment complex. Defendants filed a counterclaim seeking damages, for plaintiff's breach of a construction contract. Upon trial to the court, after allowing an offset for labor and materials furnished by plaintiff, defendants were awarded damages of $340,877. Plaintiff appeals.

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