WASATCH MINES COMPANY v. Hopkinson

CALLISTER, Justice.

Plaintiff corporation (hereinafter referred to as Wasatch) initiated this action to recover the unpaid balance on the purchase price of 1600 tons of soil removed from plaintiff’s property by defendant during the latter part of 1958. Defendant asserted in the alternative that the plaintiff’s claim was barred by the statute of limitations or that according to the terms of his oral agreement with plaintiff, defendant agreed to pay for the soil only as he sold it.

Defendant filed a counterclaim, wherein he pleaded that by force of certain agreements between the parties he had…