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PROVO CITY CORP. v. NIELSON SCOTT CO.

No. 16136.

603 P.2d 803 (1979)

PROVO CITY CORPORATION, Plaintiff and Respondent, v. NIELSON SCOTT COMPANY, INC., and Demetrois Agathangelides, dba Greek Gardens, Defendants and Appellants. NIELSON SCOTT COMPANY, INC., Third-Party Plaintiff and Appellant, v. Demetrois AGATHANGELIDES, dba Greek Gardens, Third-Party Defendant.

Supreme Court of Utah.

November 8, 1979.

Attorney(s) appearing for the Case

Gerald L. Turner, of Turner & Perkins, Salt Lake City, Gordon J. Low of Hillyard, Low & Anderson, Logan, for defendants and appellants.

Glen J. Ellis, Provo, for plaintiff and respondent.

STEWART, Justice:

Provo City brought this breach of contract suit against a contractor, Nielson Scott Co., Inc., and a subcontractor, appellant Demetrois Agathangelides, dba Greek Gardens, who provided public improvements for the city in connection with a downtown redevelopment project. The trial court held that under a contractual warranty the risk of loss of trees planted to replace an initial planting of trees which did not live continued to be on the subcontractor...

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