Holbrook v. Webster's Inc.

WORTHEN, Justice.

Appeal by Webster’s Inc. from an order granting a Summary judgment in favor of plaintiffs and against appellant.

On September 7, 1956, the plaintiffs filed an action agaisnt Webster’s Inc., and others to foreclose a mortgage on certain real property in Davis County, State of Utah. The complaint alleged that appellant claimed a lien right for materials furnished.

Mr. Elvin Coon was a general contractor and builder of homes and built the home in question but failed to pay Webster’s Inc. for materials furnished. Webster’s Inc. filed a materialman’s lien against the property.

Appella…