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MONROC, INC. v. JACK B. PARSON CONST. CO.

No. 15847.

604 P.2d 901 (1979)

MONROC, INC., a corporation, Plaintiff and Respondent, v. JACK B. PARSON CONSTRUCTION COMPANY, a corporation, and Aetna Casualty and Surety Co., Defendants and Appellants.

Supreme Court of Utah.

December 5, 1979.

Attorney(s) appearing for the Case

LaVar E. Stark, Ogden, for defendants and appellants.

Michael Z. Hayes & Craig G. Adamson of Tibbals & Staten, Salt Lake City, for plaintiff and respondent.

MAUGHAN, Justice:

Plaintiff, Monroc, Inc., initiated this action to recover the difference between the original contract price and the modified contract price for certain goods delivered and accepted by defendant, Jack B. Parson Construction Company. The specific goods involved were 1/2 inch and 3/4 inch bituminous surface course mixes and a seal coat mix.

Defendant incorporated these materials into I-215 Interstate Highway project in Salt Lake County. Upon...

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