Show t BANK SUES FIRM OF CONTRACTORS F Utah Savings Trust Co Asks As Assignment Assignment of Royalties by Palmer Tate 7 ISSUE IG ORDER HOMER CASE AGAINST U L R I CO ARGUED The Utah Savings Tn Trust st company I began a suIt in the dIstrIct court yes yesterday yesterday against Palmer 8 Tate con contractors contractors tractors Francis Tate as an indI indIvIdual t vIdual and the American SmeltIng I Refining company The suit involves work being done by the contracting I e firm at the new smelter at Garfield The plaIntiff alleges that it went on I the bond of the contracting firm last i October when the firm took the Gar Garfield Garfield field contract and to indemnify the I surety the contractors assigned to I 1 plaintiff a certain contract for royal royalties ties whIch Tate had bad with the Amen Ameri American can Smelting Refining company The complaint is rather ambiguous and 1 des not say for what these royalties 1 were to be paid to Tate I 1 The assignment of the contract how however however ever dId not describe the contract for or ori I i ro but did describe another In instrument strument which had een cancelled prior to the signing of th bond The language of the complaInt is exceed exceedingly exceedIngly indefinite on all the points The complaint however that Tate and his firm be compelled to execute I to the bank a genuine assignment of i ithe the contract for royalties As it Is the company has refused tt t pay the royalties to the bank t Meanwhile the complaint alleges penalties for which the contractors are I lIable are running against them and the bank is lIable for such penalties Ii as surety An injunction is asked therefore to prevent Palmer Tate 4 and the AmerIcan Smelting Refining Refining ing company from committing any act which wIll make It impossible for Tate Tateto to execute an assignment of the roy royal royalty al alty contract if ordered to do so b bI I the court Judge Morse issued a temporary re restraining reI I straining order and citation returnable I at 10 tomorrow morning |