SUPER TIRE MARKET, INC. v. ROLLINS

No. 10531.

18 Utah 2d 122 (1966)

417 P.2d 132

SUPER TIRE MARKET, INC., PLAINTIFF AND RESPONDENT, v. CLYDE ROLLINS, DBA ROLLINS MINE SUPPLY, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

July 26, 1966.


Attorney(s) appearing for the Case

Allen B. Sorensen, Provo, for appellant.

Alan D. Frandsen, Salt Lake City, for respondent.


CROCKETT, Justice.

Plaintiff Super Tire Market sues for a balance of $1233.02 on an account for truck tires supplied to the defendant. Defendant does not dispute the correctness of the account, but claims that certain of the tires failed to measure up to a warranty given, from which the damage exceeds the amount due on the account. The trial court found for the plaintiff. Defendant appeals, contending that the evidence compels a finding in his favor on the issue of...

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