(DOWNLOAD) "Holbrook Company v. Stanley S. Adams Et" by Court of Appeals of Utah ~ eBook PDF Kindle ePub Free
eBook details
- Title: Holbrook Company v. Stanley S. Adams Et
- Author : Court of Appeals of Utah
- Release Date : January 04, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Plaintiff Holbrook Company sued the three named defendants, alleging they were a partnership dba The Exchange, for the value of work and materials furnished in remodeling the building at 39 Exchange Place in Salt Lake City; one count is in quantum meruit and one is for failure to file the bond required by Section 14-2-1, U.C.A. 1953, to protect those furnishing such services. Defendants do not question that those causes of action are sufficiently stated. They filed a verified motion to dismiss, asserting therein that they were not a partnership; and that neither as a partnership nor individually had they contracted with the plaintiff. In opposition thereto plaintiff filed the affidavit of its president, Mr. Ben Holbrook, averring dealings with Mr. Stanley Adams, through architects hired by the latter, concerning requesting the remodeling in question; and also presented a certificate which had been filed with the Secretary of State in which Stanley S. Adams had certified that the three defendants were carrying on business at the named premises under the assumed name of "The Exchange." Pursuant to a hearing the trial court ruled that The Exchange Place Social Association, a nonprofit corporation, was the "proper defendant," granted plaintiff ten days to refile against it, and dismissed the action as to the individual defendants. Plaintiff appeals.
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