Evans v. Pickett Bros. Farms

CALLISTER, Chief Justice:

Plaintiff initiated this action to recover the unpaid balance on a contract for work he performed in leveling 40 acres of land owned by defendant. Defendant pleaded both the four-year (Sec. 78-12-25, U.C.A. 1953) and six-year (78-12-23, U.C.A.1953) statutes of limitation. Upon trial before the court, judgment for the plaintiff was rendered, and defendant appeals therefrom.

J. W. Pickett represented the partnership in the transactions which ultimately led to this action and will hereinafter be referred to as defendant. In the autumn of 1959, plaintiff and defendant went…