Legal Opinion

Baker Lumber Co. v. A. A. Clark Co.

Utah Supreme Court

Decided February 5, 1919No. 3234PublishedCited by 8 opinions

Appeal from tbe District Court of Salt Lake County, Third District; Hon. Wm. H. Bramel, Judge. Action by the Baker Lumber Company against the A. A. Clark Company, the Sevier School District of Sevier County, Utah, the Merchants’ Bank, and others, in which Thomas Boardman intervenes. From judgment rendered, defendant Merchants’ Bank appeals, and from part of the judgment, the defendant school district appeals, and plaintiff cross-appeals.

1Opinion of the CourtGideon, J.

The facts ont of which this controversy grew, as shown by the record and findings of the court, are as follows :

On or about July 5, 1913, defendant A. A. Clark Company entered into a written contract with Sevier school district of Sevier County, Utah, to construct a high school building at an agreed price of $44,282, at Richfield, in said county. Within a few days after the date of the contract the A. A. Clark Company assigned to the-Merchants’ Bank in writing all sums of money that might become due to it from time to time under, and by virtue of said contract, and at the same time, issued…

2Cases cited13 opinions

  1. Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
  2. Merrill v. MonticelloSupreme Court of the United States · 1891
  3. Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
  4. Gorman v. WrightCourt of Appeals for the Fourth Circuit · 1905
  5. In re HeadleyDistrict Court, W.D. Missouri · 1899

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3Cited by8 opinions

  1. Board of Education of the Granite School District v. Salt Lake CountyUtah Supreme Court · 1983
  2. School District No. 9 v. First National BankArizona Supreme Court · 1941
  3. Emlen's EstateSupreme Court of Pennsylvania · 1939
  4. Kramer v. Pixton, State Bank ExaminerUtah Supreme Court · 1928
  5. Anderson v. JohnsonUtah Supreme Court · 1954

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