Price-Orem Investment Company v. Rollins, Brown and Gunnell, Inc.
Utah Supreme Court
713 P.2d 55 (1986)
- Written by Eric Miller, JD
Facts
Price-Orem Investment Company (Price-Orem) (plaintiff) owned a site that it planned to develop into a shopping center. A general contractor, John Price Associates, Inc. (JPA), entered into a contract with surveyors Rollins, Brown and Gunnell, Inc. (Rollins) (defendant) to stake out a building that would be constructed on the site. As a result of an error by Rollins, the survey omitted 30 feet. The error was not discovered until after construction began. Price-Orem brought suit against Rollins and was awarded a jury verdict for $30,000. However, the judge considered the award excessive and granted a motion for new trial. Rollins then filed an amended answer, arguing that JPA was an indispensable party and that Price-Orem erred by failing to properly join JPA. Though the applicable statute of limitations precluded JPA from bringing suit, the trial court agreed with Rollins’s argument and dismissed Price-Orem’s claim. Price-Orem appealed. The Utah Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Zimmerman, J.)
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