GENERAL GLASS CORP. v. MAST CONST. CO.

No. 860355-CA.

766 P.2d 429 (1988)

GENERAL GLASS CORPORATION, a Colorado corporation, Plaintiff and Respondent, v. MAST CONSTRUCTION COMPANY, a Utah corporation; Ron Mast, as assignee of the rights of Intermountain Glass and Paint Company, a Utah corporation; United Pacific Reliance Insurance Company, a Washington corporation; and Oakhills Condominium Limited Partnership, a Utah Limited Partnership, Defendants and Appellants. Ron MAST, as assignee of the rights of Intermountain Glass and Paint Company, a Utah corporation, Cross-claim Plaintiff and Appellant, v. MAST CONSTRUCTION COMPANY, a Utah corporation; United Pacific Reliance Insurance Company, a Washington corporation; and Oakhills Condominium Limited Partnership, a Utah limited partnership, Cross-claim Defendants and Appellant. Ron MAST, as assignee of the rights of Intermountain Glass and Paint Company, a Utah corporation, Third-party Plaintiff and Appellant, v. STATE SAVINGS & LOAN ASSOCIATION; Utah State Tax Commission; Robert P. Hansen; Capitol Glass & Aluminum; Ron Mast, as assignee of the rights of Debenham Electrical Supply Co.; Electro Technical Corp.; Ron Mast, as assignee of the rights of Marathon Steel Company; Edwards & Daniels Associates, Inc.; John Brown & Associates; and John and Jane Does 1 thru 100, Third-party Defendants and Appellants. Ron MAST, as assignee of the rights of Marathon Steel Company, an Arizona corporation, Plaintiff and Appellant, v. MAST CONSTRUCTION COMPANY, a Utah corporation; Oakhills Condominium Limited Partnership, a Utah limited partnership; and United Pacific Reliance Insurance Company, a Washington corporation, Defendants and Appellant. MAST CONSTRUCTION COMPANY, a Utah corporation, Third-party Plaintiff and Appellant, v. PACIFIC WESTERN INDUSTRIES, INC., a Utah corporation; Oakhills Condominium Limited Partnership, a Utah limited partnership; and Edwards & Daniels Associates, Inc., Third-party Defendants. AMERICAN SAVINGS & LOAN ASSOCIATION, a California corporation, formerly State Savings & Loan Association, Plaintiff and Respondent, v. OAKHILLS PARTNERSHIP, a Utah limited partnership; Pacific Western of Utah, Inc., a Utah corporation, formerly Pacific Western Industries, Inc., a Utah corporation; Charles W. Akerlow; Richard J. Anderson; State Tax Commission of Utah; Robert P. Hansen; Capitol Glass and Aluminum Corporation, a Utah corporation; Ron Mast, as assignee of the rights of Debenham Electric Supply Company, Inc., an Alaska corporation; Electro Technical Corp., a Utah corporation; Ron Mast, as assignee of the rights of Intermountain Glass & Paint Co., a Utah corporation; General Glass Corp., a Colorado corporation; Ron Mast, as assignee of the rights of Marathon Steel Co., an Arizona corporation; Edwards & Daniels Associates, Inc., a Utah corporation; Ogden's Carpet Outlet, a Utah corporation; Mast Construction Co., a Utah corporation; Mildred S. Freymuller; and John Does 1 thru 30, Defendants and Appellants. Ron MAST, as assignee of the rights of Debenham Electric Supply Company, Plaintiff and Appellant, v. ELECTRO TECHNICAL CORPORATION; Mast Construction Company; the Oakhills Partnership; and United Pacific Insurance Company, Defendants and Appellants.

Court of Appeals of Utah.

December 15, 1988.


Attorney(s) appearing for the Case

Ronald C. Barker (argued), Salt Lake City, for Mast & Mast Const.

David W. Slaughter, Salt Lake City, for United Pacific Reliance Ins. Co.

Warren Patten, W. Cullen Battle (argued), Douglas B. Cannon, Salt Lake City, for American Sav. & Loan Ass'n.

Jeffery B. Brown, Salt Lake City, for Elect. Technical Corp. & Capitol Glass & Aluminum.

Paul R. Howell, Salt Lake City, for United Pacific Ins.

John C. Green, III, Salt Lake City, for Electro Technical.

Leland S. McCullough, Jr., Salt Lake City, for Mildred Freymuller.

James E. Boevers, Salt Lake City, for Western State Title.

David Black, R. Stephen Marshall, Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for Edwards & Daniels.

Before DAVIDSON, BENCH and JACKSON, JJ.


OPINION ON REHEARING

JACKSON, Judge:

These consolidated actions were brought to establish priority of the parties' interests in real property that was the site of the Oakhills Condominium project. Due to various assignments and substitutions, Ron Mast and Mast Construction Company (referred to collectively as "Mast") are the appellants and American Savings & Loan Association...

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