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R. M. S. CORP. v. BALDWIN

No. 15244.

576 P.2d 881 (1978)

R. M. S. CORPORATION, dba Gan Roofing Supply, Plaintiff and Respondent, v. Ross BALDWIN, Defendant and Appellant.

Supreme Court of Utah.

March 9, 1978.

Attorney(s) appearing for the Case

Don Blackham of Blackham & Boley, Granger, for defendant and appellant.

Richard L. Maxfield, Provo, for plaintiff and respondent.

ELLETT, Chief Justice:

The respondent, as plaintiff below, sued Mr. Baldwin on a check he had given in payment of a debt owed to R.M.S. The account was carried on respondent's books in the name of "Exterior Builders." Exterior Builders is an assumed name under which Rossco Enterprises, Inc., a corporation of Utah, does business.

The officers of respondent testified that they knew Mr. Baldwin and thought he was the one who did business under the name of Exterior...

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