BETHERS v. WOOD

No. 9062.

10 Utah 2d 313 (1960)

352 P.2d 774

HARRIS BETHERS, PLAINTIFF AND RESPONDENT, v. LALIF WOOD, D/B/A INDUSTRIAL CONSTRUCTION COMPANY, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

June 3, 1960.


Attorney(s) appearing for the Case

John G. Marshall, Merlin Lybbert, Hanson, Baldwin & Allen, Salt Lake City, for appellant.

Grant Macfarlane, Sr., Grant Macfarlane, Jr., Salt Lake City, for respondent.


CALLISTER, Justice.

Under date of January 17, 1957, the defendant, who had a prime contract with the Utah State Road Commission for the construction of a certain highway, entered into a subcontract with the plaintiff wherein the latter agreed to furnish the necessary gravel.

Plaintiff brought this action to recover the sum of $29,009.80 claimed due him under the terms of the subcontract. Defendant counterclaimed and alleged a right of set-off for damages,...

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