Powers v. Gene's Building Materials, Inc.

HALL, Justice:

This is an appeal from a jury verdict in favor of plaintiffs awarding damages for breach of contract.

Plaintiffs entered into a contract with one James Hartwell and Clearfield Realty, general contractors, for the construction of two 6-plex apartment units in Brigham City, Utah. Pursuant to a further agreement, plaintiffs agreed to purchase all of the materials for the job from defendant at a guaranteed price of $54,000 to be paid in advance directly to the defendant rather than to the general contractors. As materials were ordered and delivered the cost thereof was charged…