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ARNOLD MACHINERY COMPANY, INC. v. PRINCE

No. 14337.

550 P.2d 193 (1976)

ARNOLD MACHINERY COMPANY, INC., a Utah Corporation, Plaintiff and Appellant, v. Clifford A. PRINCE, dba Prince Construction Company, and Western Surety Company, Inc., a corporation, Defendants and Respondents.

Supreme Court of Utah.

May 12, 1976.

Attorney(s) appearing for the Case

John W. Lowe, of Brayton, Lowe & Hurley, Salt Lake City, for plaintiff-appellant.

George M. Mecham, Salt Lake City (for Prince), Tim Dalton Dunn, of Hanson, Wadsworth & Russon, Salt Lake City, (for Western), for defendants-respondents.

HENRIOD, Chief Justice:

Appeal from a summary judgment granting defendant Western's motion to dismiss Arnold's suit, based on a surety bond in favor of Arnold as a materialman beneficiary,1 on the purported specific ground that the action was barred by Title 14-2-2, Utah Code Annotated, 1953, — a one-year limitations statute. Reversed, with costs to Arnold.

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