Benson v. Ames

HALL, Justice:

Appeal from a dismissal of an action filed by Gordon and Sharlynn Benson (hereafter “plaintiffs”) against Bert D. Ames (hereafter “defendant”), alleging breach of implied contract and negligence in the construction of a septic tank in a house purchased by plaintiffs.

The house in question, located in Ballard, Uintah County, Utah, was originally built and owned by one Ray Williamson. 1 During the construction of the house, in February of 1977, Williamson approached defendant and requested that the latter install a septic tank disposal system, there being no readily accessible…