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W. W. & W. B. GARDNER, INC. v. PARK W. VIL.

No. 14814.

568 P.2d 734 (1977)

W. W. & W. B. GARDNER, INC., a Utah Corporation, Plaintiff and Respondent, v. PARK WEST VILLAGE, INC., a Utah Corporation and Summit Limited, a California limited partnership, et al., Defendants and Appellant.

Supreme Court of Utah.

August 8, 1977.

Attorney(s) appearing for the Case

Rimel & Hesling, Inc., Santa Ana, Cal., and Timothy R. Hanson and John M. Chipman of Hanson, Wadsworth & Russon, Craig S. Cook, Salt Lake City (on appeal only), for defendants and appellant.

Bruce A. Maak of Martineau & Maak, Salt Lake City, for plaintiff and respondent.

MAUGHAN, Justice:

Before us is a judgment granting plaintiff's motion for summary judgment and judgment by default. Defendant appeals. We affirm. Costs to plaintiff.

Plaintiff initiated this action to recover the cost of labor and material furnished, pursuant to a written contract, for the asphalt paving of streets and parking areas. Plaintiff filed a motion for summary judgment, and a motion for default judgment as a sanction for failure to respond to discovery...

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