Walker v. Tracy Loan & Trust Co.

EPHRAIM HANSON, Justice.

This action was brought by respondent, hereafter referred to as plaintiff, against appellant, the defendant herein, to recover approximately $3,000 on the theory that said amount was a trust fund deposited by him with Walker Brothers Dry Goods Company, a large retail store of Salt Lake City, which store we shall designate hereafter for convenience as the company. The evidence at the trial develops substantially the following facts;

The company had received from a Mrs. Frye, over a period of years, varying sums of money until the account reached a total of about $6,000.…