Board of Education v. Salt Lake Pressed Brick Co.
Utah Supreme Court
Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. The plaintiff entered into a written contract, dated August 1, 1892, with the defendant F. M. Wright, by which the later agreed to erect for it a public school building for $46,500. Upon the completion of the building by Wright there had been paid by plaintiff on said contract all of the contract price but $7,026.67. Conflicting claims to this balance or. to portions…
Read the full summary
Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. The plaintiff entered into a written contract, dated August 1, 1892, with the defendant F. M. Wright, by which the later agreed to erect for it a public school building for $46,500. Upon the completion of the building by Wright there had been paid by plaintiff on said contract all of the contract price but $7,026.67. Conflicting claims to this balance or. to portions of it were made by the numerous parties defendant, and the board filed its complaint in interpleader to compel them to…
1Opinion of the Court
Zane, C. J.:
It appears, from the evidence in this record, that the defendant, Francis M. Wright, on the 1st day of August, 1892, made a written contract to erect for the plaintiff a public school building for' $46,500, of which $7,026.67 remained unpaid upon its completion. To this remainder the Salt Lake Pressed Brick Company, the Utah Stove and Hardware Company, Bothwell & McConaughy, and *220other defendants, who bad furnished materials to Wright, which had been used in the erection of the building, or had performed labor for him thereon, respectively made claim. Under these circumstances, the…
2Cases cited4 opinions
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Board of Education v. NeidenbergerIllinois Supreme Court · 1875
- Norton v. WhiteheadCalifornia Supreme Court · 1890
3Cited by3 opinions
- Hutchinson v. KruegerSupreme Court of Oklahoma · 1912
- Auerbach v. Salt Lake CountyUtah Supreme Court · 1901
- Van Dyke's Food Store v. Independent Coal & Coke Co.Utah Supreme Court · 1934