John S. Davis v. Payne and Day

CROCKETT, Justice. Defendant, Payne and Day, building contractor, appeals from a judgment in the amount of $7,294.61 for building materials it received from plaintiff and used in connection with constructing a group of 61 homes at Provo, Utah. This was the second trial and is the second appeal; a new trial having been ordered by this court upon plaintiffs appeal from a dismissal at the close of his evidence on the first trial. See 10 Utah 2d 53, 348 P.2d 337.