Pons & Davis, Inc. v. Peruvian Lodge, Inc.

Utah Supreme Court

Pons & Davis, Inc. v. Peruvian Lodge, Inc.

489 P.2d 1407, 26 Utah 2d 382, 1971 Utah LEXIS 734

CourtUtah Supreme Court

DecidedOctober 29, 1971

DocketNo. 12370

StatusPublished

This text of 489 P.2d 1407 (Pons & Davis, Inc. v. Peruvian Lodge, Inc.) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pons & Davis, Inc. v. Peruvian Lodge, Inc., 489 P.2d 1407, 26 Utah 2d 382, 1971 Utah LEXIS 734 (Utah 1971).

Pincite

Opinion

HENRIOD, Justice:

Appeal from a judgment for plaintiff for labor and material furnished. Affirmed with costs to plaintiff.

Defendant urges four points on appeal, which may be reduced to two: 1) That the evidence was insufficient to support the judgment touching the obligation to pay; and 2) That even so the court erred in calculating interest after the event but earlier than the written, dated billing. The record reflects evidence of a competent, substantial and believable nature as to support the trial court on both counts, to the effect that the work and material had been furnished for which an obligation to pay arose, and that defendant had notice and knowledge as to the latter, on or about the date used by the court in arriving at its conclusion, which compels us to affirm under traditional rules of appellate review.

CALLISTER, C. J., and TUCKETT, ELLETT and CROCKETT, JJ., concur.

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HENRIOD, Justice:

Appeal from a judgment for plaintiff for labor and material furnished. Affirmed with costs to plaintiff.

Defendant urges four points on appeal, which may be reduced to two: 1) That the evidence was insufficient to support the judgment touching the obligation to pay; and 2) That even so the court erred in calculating interest after the event but earlier than the written, dated billing. The record reflects evidence of a competent, substantial and believable nature as to support the trial court on both counts, to the effect that the work and material had been furnished for which an obligation to pay arose, and that defendant had notice and knowledge as to the latter, on or about the date used by the court in arriving at its conclusion, which compels us to affirm under traditional rules of appellate review.

CALLISTER, C. J., and TUCKETT, ELLETT and CROCKETT, JJ., concur.

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Bluebook (online)

489 P.2d 1407, 26 Utah 2d 382, 1971 Utah LEXIS 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pons-davis-inc-v-peruvian-lodge-inc-utah-1971.