W.W. & W.B. Gardner, Inc. v. Mann

DURHAM, Justice:

Defendant Clealon Mann had summary judgment entered against him in the Third Judicial District in Salt Lake County. He appeals, seeking a reversal on the grounds *24that genuine issues of material fact exist. We reverse.

Respondent Gardner, Inc. (“Gardner”) is a road paving company. Appellant Mann is president of Ensign Development Corporation (“Ensign”). In the summer of 1979, Gardner paved some roads for Ensign on two subdivisions known as Free Country Estates and Bunker Hill. Ensign was billed $22,762.86 for this work. Ensign did not pay, and Gardner filed a notice of…