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ROSE v. STRIKE

No. 9097.

10 Utah 2d 72 (1960)

348 P.2d 563

BERNARD L. ROSE, D/B/A COMMERCIAL FACTORS, PLAINTIFF AND RESPONDENT, v. LOUIS STRIKE, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

January 25, 1960.

Attorney(s) appearing for the Case

Rich, Elton & Mangum, Salt Lake City, for appellant.

Merrill K. Davis, Bernard L. Rose, Salt Lake City, for respondent.

HENRIOD, Justice.

Appeal from a judgment for plaintiff. Both parties moved for summary judgment on admitted facts incorporated in a pre-trial order. Affirmed with costs to plaintiff.

Rose and Strike were assignees of money due from Convair Co. to Roestenburg, in respective amounts of $2,305 and $4,071. The aggregate thereof ($7,376) was paid to Roestenburg by Convair's check. Roestenburg asked Strike if he would take the check and pay Rose his portion, or...

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