Bunting Tractor Co. v. Emmett D. Ford Contractors, Inc.

2 Utah 2d 275 (1954)

272 P.2d 191

BUNTING TRACTOR CO., INC.

v.

EMMETT D. FORD CONTRACTORS, INC.

No. 8131.

Supreme Court of Utah.

July 9, 1954.

Arthur H. Nielsen, Salt Lake City, Monroe J. Paxman, Provo, for appellant.

S.E. Blackham, Provo, for respondent.

CROCKETT, Justice.

Plaintiff's action was dismissed "with prejudice" solely on the ground that it failed to file a nonresident cost bond within one month after demand as required by law. This appeal challenges such dismissal as being an abuse of discretion. We agree.

Plaintiff, an Idaho Corporation, commenced suit for the value of goods sold and…