Ross v. Leftwich

CALLISTER, Justice.

This is an action for money allegedly due from rental of construction equipment. Plaintiffs’ complaint was dismissed as to all defendants. However, plaintiffs appeal the dismissal only as to Leftwich Construction Company, a partnership, and United Pacific Insurance Company. The counterclaim of the Leftwich partnership was also dismissed, but no appeal therefrom has been taken.

Mrs. Ross was the principal witness on behalf of herself and her husband. The latter was incapacitated and could not appear as a witness at the trial nor submit to a deposition prior thereto.

According…