Foulger v. McGrath
Utah Supreme Court
Appeal from District Court, Second District; J. A. Howell, Judge. Action by Fred Foulger against John McGrath and another. The action was dismissed as to defendant John M. McGrath, and from a judgment for plaintiff, defendant Mary McGrath appeals.
1Opinion of the CourtFrick, J.
This is an action to recover a balance alleged to be due for the construction of a certain building with additions thereto. The respondent substantially alleges in his complaint that in January, 1906, he and the appellant entered into a written agreement, whereby respondent agreed to build, replace, and repair the house, titchen, and wash room of the appellant, which were damaged and partially destroyed by fire, for the agreed price of $877, and which is the reasonable value thereof. The agreement is set forth in full in the complaint, and it is provided therein that respondent shall “build,…
2Cases cited6 opinions
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- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Burgess v. HelmNevada Supreme Court · 1898
- Wilson v. SmithCalifornia Supreme Court · 1882
- Todd v. HuntingtonOregon Supreme Court · 1884
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