Backus v. Hooten

WORTHEN, Justice.

Appeal from a judgment dismissing plaintiff’s complaint on the ground that it failed to state a claim upon which relief can be granted.

The complaint alleges that defendants own land in Beaver County, Utah; that they entered into a contract with, one Jerry Busby by the terms of which contract Busby agreed to level a number of acres of land on their property; that plaintiff extended credit to the said Jerry Busby and delivered to him certain machinery and equipment which were used by Busby in leveling said lands; that Busby agreed' to pay plaintiff for the rental of said…