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PETRIE v. GENERAL CONTRACTING COMPANY

No. 10422.

17 Utah 2d 408 (1966)

413 P.2d 600

MALCOLM PETRIE, PLAINTIFF AND APPELLANT, v. GENERAL CONTRACTING COMPANY, A UTAH CORPORATION, AND REED TUFT, AN INDIVIDUAL, ET AL., DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

April 21, 1966.

Attorney(s) appearing for the Case

Stephen L. Johnston, Salt Lake City, for appellant.

Nielsen, Conder & Hansen, Arthur H. Nielsen, Salt Lake City, for respondents.

CROCKETT, Justice.

Plaintiff, Malcolm Petrie, sued to quiet title to mining claims in Wasatch County in which the defendant, Reed Tuft, claims a one-third interest. Upon trial to the court, after the plaintiff had rested his case, defendant made a motion for judgment which was granted; and in accordance with the provisions of Rule 41 (b) U.R.C.P. made findings and entered judgment thereon. Accordingly, we review the evidence in the light most favorable to them.

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