State Bank of Southern Utah v. Stallings

*147ELLETT, Justice:

The appellants as general contractors constructed a public school building. The defendant, Thomas A. Stallings was the electrical subcontractor and bought his merchandise from Westinghouse Supply Company. He owed Westinghouse some $8,000, $2,200 of which was past due.

Appellants made out a check to Stallings in the amount of $2,250 and requested Stall-ings to endorse it so the appellants could take it to Westinghouse and apply it on the delinquent account. Stallings claimed that Westinghouse had requested only $2,200 and refused to endorse the check, whereupon appellants gave…