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POWERS v. GENE'S BLDG. MATERIALS, INC.

No. 14812.

567 P.2d 174 (1977)

M. B. POWERS, James M. Powers and Vern Petersen, dba Powers and Petersen, Plaintiffs and Respondents, v. GENE'S BUILDING MATERIALS, INC., a Utah Corporation, Defendant and Appellant.

Supreme Court of Utah.

July 19, 1977.

Attorney(s) appearing for the Case

Matt Biljanic, Midvale, for defendant-appellant.

Richard H. Thornley, Ogden, for plaintiffs-respondents.

HALL, Justice:

This is an appeal from a jury verdict in favor of plaintiffs awarding damages for breach of contract.

Plaintiffs entered into a contract with one James Hartwell and Clearfield Realty, general contractors, for the construction of two 6-plex apartment units in Brigham City, Utah. Pursuant to a further agreement, plaintiffs agreed to purchase all of the materials for the job from defendant at a guaranteed price of $54,000 to be paid in advance...

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