LIGNELL v. BERG

No. 15001.

593 P.2d 800 (1979)

E. Keith LIGNELL, Marian H. Lignell, his wife, and Burton M. Todd and Phyllis W. Todd, his wife, Plaintiffs and Appellants, v. Clifford M. BERG and William R. Berg, a partnership, dba Berg Brothers Construction Company and Frank C. Berg, an individual, a joint venture, dba Berg Construction Company and Fidelity and Deposit Company of Maryland, a corporation, Defendants, Respondents, and Cross-Appellants. Hendrick COPINGA et al., Plaintiffs and Cross-Respondents, Claron Bailey, Third Party Plaintiff and Cross-Respondent, v. E. Keith LIGNELL et al., Defendants. MURRAY ELECTRICAL SERVICES, INC., et al., Plaintiffs and Cross-Respondents, v. Clifford M. BERG et al., Defendants.

Supreme Court of Utah.

March 22, 1979.


Attorney(s) appearing for the Case

Earl D. Tanner, of Earl D. Tanner & Assoc., Wilford A. Beesley, Richard H. Nebeker, Salt Lake City, for plaintiffs and appellants.

Joseph S. Knowlton, David K. Smith, Salt Lake City, for defendants, respondents, and cross-appellants.


MAUGHAN, Justice:

Appellants Lignell and Todd ("Owners") appeal from a judgment entered against them in favor of Berg Brothers Construction Company (BBC) on BBC's counterclaim. The litigation was commenced by the Owners against their general contractor. The contract involved was for construction of the Incline Terrace condominium complex in Salt Lake City. BBC was not the entity identified as the "contractor" in the formal contract; that contract identifies as the...

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