LIVINGSTON INDUS., INC. v. WALKER BANK & TRUST CO.

No. 14751.

565 P.2d 1117 (1977)

LIVINGSTON INDUSTRIES, INC., a corporation, Plaintiff and Appellant, v. WALKER BANK & TRUST COMPANY, a Utah Banking Corporation, Defendant and Respondent.

Supreme Court of Utah.

August 11, 1977.


Attorney(s) appearing for the Case

Bryce E. Roe and Terry L. Christiansen of Roe & Fowler, Salt Lake City, for plaintiff and appellant.

D. Miles Holman of Jones, Waldo, Holbrook & McDonough, Salt Lake City, for defendant and respondent.


HALL, Justice:

This is an appeal from a summary judgment in favor of defendant bank in an action filed by plaintiff to recover the sum of $4,277.00 given to defendant by one of its customers for payment to plaintiff but paid over to another contrary to agreement.

On or about May 10, 1972, Wash-A-Matic, Inc., a distributor of plaintiff, sold certain car washing equipment to one Clarence Hollingshead who in turn entered into an agreement with Equitable Leasing...

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