Sierra Nevada Mill Co. v. Keith-O'Brien Co.
Utah Supreme Court
Appeal from District Court, Third District; Eon. Geo. G. Armstrong, Judge. Action by the Sierra Nevada Mill Company against the Keith-0’Brien Company, with counterclaim by defendant. Judgment for plaintiff, deducting the amount of the counterclaim. Plaintiff appeals.
1Opinion of the CourtStraup, C. J.
The plaintiff brought this action to recover an alleged balance due on a contract. It and the defendant entered into a written contract by the terms of which the plaintiff, for the sum of $37,055, agreed to construct and install for the defendant, on or before the 28th of August, 1912, certain store fixtures; and upon its failure to do so within that time, to pay the defendant $100 a day as liquidated damages for each day thereafter until the completion of the work. It alleged full performance of the contract on its part, and that it, at the defendant’s directions, had also made alterations…
2Cases cited1 opinion
- McKain v. MullenWest Virginia Supreme Court · 1909
3Cited by6 opinions
- Richards v. BrownUtah Supreme Court · 2012
- Jensen v. EddyUtah Supreme Court · 1973
- Jacobsen, Morrin & Robbins Construction Co. v. St. Joseph High School Board of Financial TrusteesCourt of Appeals of Utah · 1990
- Richards v. District Court of Weber CountyUtah Supreme Court · 1928
- Jensen v. Utah Ry. Co.Utah Supreme Court · 1927
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