King Bros., Inc. v. Utah Dry Kiln Company

CROCKETT, Justice.

Plaintiff King Bros, sued for the reasonable value of materials supplied to Oregon Dryer Company, a contractor building a dry kiln plant for the defendant Utah Dry Kiln Company. There is no privity of contract between the plaintiff and defendant. The claim of liability is predicated upon the failure of the defendant property owner to require its contractor to furnish a performance bond as required by Sec. 14-2-1, U.C.A.1953, quoted below.

Defendant made a motion to dismiss on the ground that the complaint “does not state a cause of action upon which relief can be granted,”…