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DARGER v. NIELSEN

No. 16235.

605 P.2d 1223 (1979)

John DARGER, d/b/a Custom Drilling, Plaintiff and Respondent, v. Elwood L. NIELSEN, and Park West Village, Inc., a Utah Corporation, Defendant and Appellant.

Supreme Court of Utah.

December 27, 1979.

Attorney(s) appearing for the Case

W. Scott Barrett of Barrett & Mathews, Logan, for defendant and appellant.

Raymond Scott Berry, Salt Lake City, for plaintiff and respondent.

WILKINS, Justice:

Plaintiff brought action against Defendant Park West Village, Inc. and against its president, Elwood L. Nielsen, personally, to foreclose a mechanic's lien, and for judgment in the amount due and unpaid under a contract to drill a water well. Defendant Park West Village, Inc. counterclaimed, praying for damages for breach of contract on the part of Plaintiff. The District Court for Summit County, sitting without a jury, dismissed the foreclosure...

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