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COVE VIEW EXCAVATING & CONST. v. FLYNN

No. 870180-CA.

758 P.2d 474 (1988)

COVE VIEW EXCAVATING AND CONSTRUCTION CO., Plaintiff and Respondent, v. D. Thomas FLYNN and D. Thomas Flynn Construction, Inc., Defendants and Appellants.

Court of Appeals of Utah.

July 28, 1988.

Attorney(s) appearing for the Case

John Burton Anderson, Kevin Olsen (argued), Salt Lake City, for defendants and appellants.

Marcus Taylor, Richfield, for plaintiff and respondent.

Before BENCH, JACKSON and BILLINGS, JJ.

OPINION

JACKSON, Judge:

D. Thomas Flynn Construction, Inc. and D. Thomas Flynn ("Flynn") appeal from the $1,517.50 circuit court judgment entered against them pursuant to an oral agreement for the purchase of construction materials and the rental of a pump and a backhoe. We reverse the judgment and remand the case to the trial court for entry of judgment in appellants' favor.

In the spring of 1984, Flynn talked to Charles Wayne Grundy ("Grundy")...

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