M. B. Powers v. Genes Building Materials

Plaintiffs entered into a contract with one James Hartwell and Clearfield Realty, general contractors, for the construction of two 6-plex apartment units in Brigham City, Utah. Pursuant to a further agreement, plaintiffs agreed to purchase all of the materials for the job from defendant at a guaranteed price of $54,000 to be paid in advance directly to the defendant rather than to the general contractors. As materials were ordered and delivered the cost thereof was charged against a separate ledger account established by defendant, however, part way through the job, at the request of Hartwell, defendant consolidated two other of Hartwells job accounts with the Brigham City job and the parties stipulated that materials valued at $11,679.45 were delivered to other than the plaintiffs project and such was the sum the jury found was due and owing from defendant.