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David J. Wagstaff v. Remco

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eBook details

  • Title: David J. Wagstaff v. Remco
  • Author : Supreme Court Of Utah
  • Release Date : January 24, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

CROCKETT, Justice: David B. Wagstaff, dba Triangle Drywall Company, a subcontractor, sued defendant Remco, Inc., a general contractor, for amounts
due on the construction of The Village Apartments, a 60-unit apartment complex in Cedar City, in the summer of 1972. Remco
denied indebtedness; counterclaimed that Triangle had caused Remco damages by failure to perform; and by wrongfully filing
and refusing to cancel a labor and materialman's lien. 1 Upon a plenary trial, the court found the issues in favor of Wagstaff
and rendered a judgment for $4,064.94 (plus interest and attorney's fees) 2 and no cause of action on Remco's counterclaims.
After appropriate attacks upon the findings and judgment by Remco, it took this appeal, further assailing them mainly on the
ground that they do not comport with the evidence.


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