Gunnison-Fayette Canal Company v. Roberts

12 Utah 2d 153 (1961)

364 P.2d 103

GUNNISON-FAYETTE CANAL COMPANY, PLAINTIFF AND RESPONDENT,

v.

HOWARD ROBERTS AND F. DWIGHT MALMGREN, DEFENDANTS AND APPELLANTS.

No. 9081.

Supreme Court of Utah.

July 26, 1961.

McKay and Burton, Salt Lake City, for appellants.

Christenson, Novak, Paulson & Taylor, Salt Lake City, for respondent.

McDONOUGH, Justice.

Plaintiff commenced the action below to recover from the defendants their pro rata share of the expenses for the operation and maintenance of a canal which the parties used jointly. The case was tried to the court without a jury and from an adverse judgment…