J & M Construction v. Glade Southam And
1986.UT.122 , 722 P.2D 779, 38 UTAH ADV. REP. 7
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Publisher Description
Plaintiff J & M Construction, Inc., brought this action to collect payment for the construction of an irrigation system on defendant Glade Southams property. The trial court found that the original oral agreement, whereby plaintiff had agreed to choose a home and lot as payment, had been frustrated and awarded plaintiff damages in quantum merit for the value of the benefit conferred upon defendants property. Defendants appeal, alleging error in the balance of the equities struck by the trial court in its award to plaintiff. We do not find any error below and affirm the judgment.