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Show MONDAY, .11 XY 11, t07l THE DAILY Five Pag RECORD In The Supreme Court Of The State Of Utah I.eGrand Johnson Corporation, a Utah corporation, and LeGrand Johnson, personally, Plaintiffs and Respondents, James C. Peterson, Rainbow Natural Stone Distributors, Inc., a Utah corporation, and Rainbow Stone Company, a Utah corporation 'L. 9, 1971 J. Allan Crockett, Justice 1, 2. Section U. C. A. 1953. 3. Utah Mercur Gold Min. Co. v. Herschel Gold Min. Co., 103 Utah 249, 134 P. 2d 1094. 25-5-- The plaintiffs commenced these proceedings in the court below seeking to recover money advanced to the defendants and also for specific performance of an oral agreement to convey an interest in certain mining claims Warranty Deeds Canpbell Const to Thorns Woolley Klggron etux 003 L 032 R M 037 Anderson B Lillian L Maxwell to to Jams B Harris R Thayne etux 06-- to Del to Sidney J 196 Henry C Duehlmeier etux to 196 Homes A Jensen to Marlon Leo Smith Eatough Jr etux to Anna etux Freed etux etux to Barbara Jr Toung GLsy etux Morton M 196 Mark Beatrice Bumhaa to Donald A Hor- K etal Lawrence Olson etux to Derek Gent K IE Dsatrlok Rlohardson sley etal to 066 Gladys Dean Rlno De Rose Jr etux Dahle etux Jordan 1 M Nielsen etux to City 205 Rulan S S Hoopiianla etal to Cline 203 Evelyn P Boyce DonLnio 0 Am Bq So Ino to George Richard Crabtree etux 219 Res Homes 050 Wstm Ha HLdrs to Virgil Allen D etux 055 to Barbara 200 Prud Svo etux Bernard P Brookbank etux to Leonard gland etux 229 Lynn Bernard to Harold D R Williams etux 1 060 June to Thomson W Rosalia Allred Mrs etal 0 66 Mtge etux to George Steel Casting Harrop etal Richards . 09L 096 Ivory etux etal to Induction V etal to J Hanly ni Adela B 265 Lamar etux to Lawrenoe to etux D Wm etux 268 to S L Swapp 275 S Group Six etux to 0 etux to Carpenter 286 Roy K J RLohatd to A Egan I Farrell Pack- Ben Weber Flynn B etux Irwin A Properties to Co Mielove etux to A Leonard Thomas Hill Hills Ino to etux C On 280 Carrie V FUgett to ard etux 281 Golden K L &app Pad field etux A Assoo Del Roy Guynon W etal Bonneville 279 George Lorln Curtis etux D etux to MLtohell etux Abrams R Van M Daniels etux to Bertha 276 Norman L etux to John Kenneth Anthony Delgado 102 Norman L Fehr Ihv to Gerald Daniels 096 Showoase Homes Inc etux to Ino etux to Jonathan Robert Nielson etux to Nancy K 267 WLlford Haws etux Id Russell Nielson 266 Mtge Spalnhower to Interlake Co 099 T John Labrua Labrum etux Dial Hldrs Ino to Frances Stiphout etux Carsey etux aux Smith 263 268 Jaok Shaughnessy etux Carter Clara Vance Purton to Edward Mb K to etux to Dale 235 John Herbert Beyers Sr G Bread en etux Alice Strader Crouse Goulding to Arthur L Hatton etux 087 John H Mlalsan Thomason etux 089 K Dial Bldrs Ino to Eldon etux O79 Marvel T 060 Peter Haight etux Inv to 0 Richard Gregersan 068 Edward S McGrath 071 2392 233 George Gary Robinson etux 065 Mtge 2hv After the case was remitted to the District Court, by agreement of the parties a new trial was had before the Hpn. Lewis Jones. Judge Jones heard the matter completely but died before entering findings of fact or a judgment. T. 18 Utah 2d 26o, 420 P. 2d 615. have carefully considered the other assignments of error and we conclude that they are without merit. The findingi and conclusions of the court below are amply supported by the evidence and we discern no error which would justify a reversal. The judgment of the court below is affirmed. Respondents are entitled to coats. I Gory 036 Edward During the year 1964, Peterson and his associates formed a new corporaas Rainbow Stone Company, which corporation took over the assets known tion of the corporation known as Rainbow Natural Stone Distributors, Inc. claim that the court erred in not finding that the contract was barred by the statute of frauds. The trial court was of the opinion that the advancement of monies in the 3imi of $44, 000 by the plaintiffs toward the development of the quarries was a sufficient part performance of the oral contract to remove it from the bar of the'' statute. 3 Wc are of the opinion that the record supports the court's conclusion in that regard. Thirdly, the defendants urge thqt the trial court was bound by the finding of the Hon. Marcellus K. Snow that the plaintiffs advanced the monies as their contribution to a joint adventure. The parties having stipulated that the court in lieu of a new trial could make a decision based upon the records of the two prior trials did not preserve that finding and it is clear that the court was not bound thereby. Pursuant to the agreement of the parties, the court was entitled to make its own independent decision and dispose of the issues. Moral Tost etux toGary H 026 Crus Bros Const During the period that ensued Johnson furnished approximately $44,000 the for purpose of paying for labor, machinery and supplies in developing and carrying on the quarrying operation. The sum of $19, 000 was repaid to Johnson from the proceeds of the sales of rock. The business records of the operation were maintained by LeGrand Johnson Corporation, which had the necessary; staff and facilities to maintain the records. After Johnson became involved!! the operations of the quarry, he learned that Peterson had organized the Rainbow Natural Stone Distributors, Inc. , a corporation, which had assumed control of Peterson's interest in the mining claims. From time to time Johnson interest demanded that Peterson carry out the promise to convey the one-ha- lf in the claims. It is also noted that Peterson and the directors of the corporation above referred to discussed the repayment of the monies advanced by Johnson and also the conveyance to him of an interest in the claims. The defendants here assign numerous errors which they claim are suffito cient entitle them to a reversal. Firstly, the defendantsebikim that Johnson promised to put the business on its feet before he was entitled to a conveyance of any interest in the property. As to this claimed error, there was a conflict in the testimony of the witnesses as to the terms of the contract, and from the testimony the court found in effect that there was no condition precedent to the obligation to perform on the part of the defendants. Secondly, the defendants Jensen etux E etux certain mining claims in Box Elder County. Peterson approached the plaintiff LeGrand Johnson to solicit his add in developing a rock quarrying operation for the purpose of extracting building stone from the claims. Peterson owned five -- eighths interest in the mining claims and offered to convey to Johnson one half of his interest providing Johnson furnished the necessary capital to develop the claims. After a consideration of the records of the prior trials the court found in favor of the plaintiffs awarding to them the balance of the monies advanced claims. by the plaintiffs to be paid from the rents and profits of the mining of 31 14 owner was the The court also found that the plaintiff LeGrand Johnson decision per cent of the mining claims and quieted his title thereto. From that the defendants have appealed to this court. Plmr's Bldg to Monte 189 Canaon Z Wilkins etux England etux 192 023 of The Hon. VeNoy Christoffersen was appointed to succeed to the office vacated Chrisby the death of Judge Jones. This matter was then presented to Judge concould toffersen and it was agreed by the parties that Judge Christoffersen sider the records of the prior trials and make a decision based thereon. At that time the court offered to grant to the parties a complete new trial but the parties declined. 187 A Oil Clara Eva Oveson to Damln Ovsson After remand the trial court made findings of fact, one of which was to the effect that the parties had been engaged in a joint venture. Peterson was the owner - 2392 to the plaintiff LeGrand Johnson. Defendants answered and counterclaimed, asserting that any agreement to convey was oral and barred by the statute of frauds, and that the money advanced by the plaintiffs was in the nature of a contribution to a joint venture. A trial of the issues was had before the Hon. Marcellus K. Snow, who at the conclusion thereof entered a judgment dismissing the complaint and the counterclaim. From that judgment the plaintiffs appealed to this court, and after a hearing we remanded, directing the trial court to make findings of fact. WE CONCUR: F. Henri Henriod, Justice M. Cummings, Clerk TUGKETT, Justice: Wc Chief Justice A. H. Ellett, Justice Defendants and Appellants. In the year 1962, the defendant James C. Jr., FILED July v. E. R. Calllster, No. 12272 to 287 Thomas E Barton etux Merrill Phillip A C Avery etux 106 Bruoe W Thayne etux to Carl Sr etux 117 Spring Valley to Jayne 120 Mdwst KLty Pin to & B R K 127 Margaret 138 Vanoo Casper to K Wood 288 Floyd 306 etal to etux 305 170 Eugene D Bryson etux to L Marvin Johnson etux Os borne Const Aome Robert SL Co to Jamss Plpella Bros etux &ey etux to Etatrada Ind 173 E Dwayne Rowley etux Gale etux to RLohsrd D H Corp to Gale to Terrell T frank Swallow etux Charles Bailey etux 307 Leo K Mo 308 Ralph E Reese Hlnokley etux B 310 Bernard P Brookbank D Vheat etux 183 Marko M Drasioh etux to Marko Drasioh etux H 315 Calvin 185 Parker etux to Randy L Edwards etux Jaws A Joseph to Brlngh-ur- st Raymond etal to Elizabeth 309 Bernard P Brookbank etux B Smith M Brown B Cutler G Bride etux to Ray Nielsen Cutler etux to Leola 182 Fkrron Cohan M etux 296 Vh Kay RipHaayers Crow Prettyman etux 123 Margritha K Walls H Wright 318 dark etal Jr etal E etux to Gordon etux to Jerry toMallaoe Dial Hldrs Iho to Joseph Jr etux E A Peterson |