JP Koch, Inc. v. JC Penney Company, Inc.

CROCKETT, Justice:

Plaintiff J. P. Koch, Inc., as subcontractor, sued the owner, J. C. Penney Company, for a balance on labor and materials it furnished in the building of defendant’s store in Bountiful during the summer of 1970. The general contractor was Skyline Construction Company. It let to plaintiff the subcontract on the general mechanical portion of the construction. These facts appear without dispute: plaintiff furnished labor and matrials of the reasonable value of $580,925.36 (net after adjustments). During the course of construction Penney made progress payments totaling…