Prowswood, Inc. v. Mountain Fuel Supply Co.

HALL, Chief Justice:

These consolidated appeals arise out of an action commenced by Prowswood Corporation (hereinafter “Prowswood”) against Mountain Fuel Supply Company (hereinafter “Mountain Fuel”) for damages resulting from the alleged breach of an oral contract and the alleged negligent misrepresentation made in connection with the promotion and sale of gas air conditioning. Following a dismissal of the action with prejudice, Prowswood filed an appeal based on the following contentions: (1) the lower court’s dismissal for failure to prosecute the action in the name of the real party in…