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BARNES v. KESLER & SONS CONSTRUCTION COMPANY

No. 14204.

549 P.2d 441 (1976)

R. Lloyd BARNES, dba Electrical Construction Company, Plaintiff and Appellant, v. KESLER & SONS CONSTRUCTION COMPANY, a Utah Corporation, et al., Defendants and Respondents.

Supreme Court of Utah.

April 28, 1976.

Attorney(s) appearing for the Case

David A. Goodwill, of Foster, Cutler, Price & Goodwill, Salt Lake City, for plaintiff-appellant.

Grant S. Kesler, Salt Lake City, for defendants-respondents.

ELLETT, Justice:

Kesler had a contract to install a sprinkling system including some underground electrical wiring on a golf course.

Barnes had a subcontract from Kesler to install the electrical wiring system at an agreed price of $3848. At the date of trial, Barnes had been paid $2,078.95 leaving an unpaid amount of $1,769.05.

The evidence showed that some of the electrical wires were severed by Kesler with its digging machinery and Barnes was required...

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