PLC Landscape Construction v. Piccadilly Fish 'N Chips, Inc.

CROCKETT, Justice:

Plaintiff sued to recover a balance of $1,-169.53 for landscaping the premises of defendant’s newly established cafe at 1418 Wall Avenue in Ogden. After the plaintiff had presented its evidence, the defendant challenged its sufficiency by a motion to dismiss. The court took the matter under advisement and thereafter made a memorandum decision, and made findings (as permitted by Rule. 41(b), .Ú.R.C.P.) ' and entered judgment against the defendant for the amount sued for.

The negotiations between the parties were oral concerning the landscaping which plaintiff first estimated…