Davis v. Payne and Day, Inc.

CROCKETT, Justice.

Defendant, Payne and Day, building contractor, appeals from a judgment in the amount of $7,294.61 for building materials it received from plaintiff and used in connection with constructing a group, of 61 homes at Provo, Utah. This was the second trial and is the second appeal;, a new trial having been ordered by this court upon plaintiff’s appeal from, a dismissal at the close of his evidence on the first trial. See 10 Utah 2d 53, 348 P.2d 337.

The trial court having found for the plaintiff, we deem its findings upon disputed evidence to be the facts and review the evidence…