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Show THURSDAY, MAY THE DAILY RECORD A6K FOUR X97S T of of Utah State Court Supreme conscientious and induitrioua trial judge, who saw and heard the witnesses, and who appears to have given careful consideration to the evidence, has after the trial arrived at the conclusion that there was not sufficient evidence to support the $20,000 damage. award; whereas, the jury, also presumably of conscientious and reasonable men, unanimously arrived at the opposite con- elusion; and it is further perplexing that the judge appears to have had a different idea during the trial in admitting the evidence, and in submitting the issue to the jury, than the view he took of that matter after the trial was over. We have no doubt that it is salutary for a trial judge to desire to be actively involved in the trial and to be eager to see that justice is done. Nevertheless, under our system of justice, it is neither essential nor desirable that the resolution of disputed questions of fact be forced into the exact mold of thought of any particular Individual or judge. When a party has so requested, he is entitled to a trial by a jury of his fellow citizens. In order that that right be safeguarded as it should be, it is essential that the jury hve the exclusive prerogative of passing upon the credibility of the evidence and of determining the facts.' Therefore, no matter how ardent may be the trial judge's desire to see that justice is done from his own point of view, he has an obligation of judicial restraint: to make allowance for the fact that other reasonable minds might arrive at a different conclusion than his own. This requirement of disciplined objectivity, in letting someone else have their way, and of done from someone else's point of view, is one of the most letting' justice-bto difficult achieve, and also one of the highest and most desirable of Yet, unless this principle is applied in practical operajudicialijualities. tion, the tight of trial by jury becomes but a delusion. The jury is permitted to go meaninglessly through all of the procedures of the trial and render the verdict, but only on the undisclosed condition that, unless its verdict agrees with the thinking of the trial judge, it will be set aside and held for naught. This case with everything involved therein, including eight days of trial, is a prime example of the futility and frustrations in such procedure. It offers to the plaintiff the hollow satisfaction of vindicating his contention that defendants had wrongfully terminated his contract, but deprives him of any material redress therefor. This is not what was intended by the right of trial by jury. It has long been established in our law that a court should not take the case from the jury where there is any substantial dispute in the evidence on 4. See statement of Chief Justice Burger in Furman v. Georgia, (June 29, 1972). U. S. issues of fact, but can properly do so only, when the matter is so plain that there really is no conflict in the evidence upon which reasonable minds could differ. 5 As was said for this court long ago by the greatly respected Justice Frick: unless the question is free from doubt, the court cannot pass upon it as a matter of law . . . . . . if . . . the court is in doubt whether reasonable . . . met might arrive at different conclusions, then this very doubt determines the question to be one of fact for the 6 jury and not one of law for the court. . . . It should be plain from what has been said above that there was such a dispute in the evidence here, and that the court was correct in his rulings during the trial: in admitting the evidence, and in submitting the issues to the jury. U.C.A. - Charles 890 H. Owen, 506 to Gdway Dr. Mry : ' Indus trl Town Fin Co; hhg - Robert Livingston, 3266 to Town Industr 892 S. 7730 H. Mgna Fin Co; hhg 913 - Paul Erlcksen, 4461 Manhatn Dr. SLC to Wkr Bk Trst Co; furn & 918 - Otto Joseph Mlleti 412 Main St. Prk City to Small III, taxed as costs. The purpose of the statutes requiring the bonds referred to on public contracts is to provide the same protection to laborers and materialmen as to those involved in private contracts: and they are subject to the same rules in enforcement. The. instant action was not in essence one for the payment of labor and material! uS contemplated in those statutes, but rather was an action for damages for breach of contract, & and which incidentally also involved a claim count for conversion of equipment and materials. Accordingly, the trial court's refusal to award attorney's fees was justified. Defendant's cross-appeseeks to overturn the verdict which awarded plaintiff $5,000 damages for conversion of certain of his equipment and materials. We think it sufficient to state that the trial court was correct in observing that there was a basis in the evidence to justify that verdict, and that under those circumstances we do not disturb the jury's verdict nor the trial court's action thereon. al On the basis of what has been said herein, it is our conclusion that the action of the trial court in refusing to overturn the jury's verdicts as to (1) the wrongful termination of the plaintiff's subcontract, and as to (3) the $5, 000 verdict for the conversion of plaintiff's material are sustained, but that his setting aside of the award of $20,000 damages is reversed and that verdict should be reinstated and judgment entered accordingly. Costs to plaintiff (appellant). WE CONCUR: E. R. Callister, Jr., Chief Justice A. H. Ellett, Justice R. L. Tuckett, Justice Henriod, Justice, concurs in the result. Ti Rule 51 U.R.C. P. ; Campbell v. Los Angeles A S. L.R. Cjo. , 71 Utah 173, 263 P. 495 (1928); Ewan v. Butters, 16 Utah 2d 272, 399 P. 2d 210 (1965). 6. Newton v. Oregon Short Line R. Co., 43 Utah 219, 134 P. 567 (1913). 7. See 17 Am. Jur. 2d, Contractors' Bonds, Secs. 44, 59. 8. See 19 A. L.R. 1281. to Globe - Clifton 073 Browning, 637 M. S. 750 E. Bntfl to Zions Frst Natnl Bk; snwmbls 075 - Rick L. Pearson, 4670 S. Rdvd Rd. SLC to Zions Frst Natl Bk; furn - Monte C'. Keller, 1150 Crandall Ave SLC to Zions Frst 078 Natnl Bk; empr - Richey Enterprises Inc. Brtn SLC to Zions Frst Natnl Bk;inven 079 - Steven J. Medina, 1863 N. Str Dr. SLC to Zions Frst Natnl Bk; stero 921 - Wilford G. Stay, 4089 W. 5415 S. Krns to Hestinghse Crdt - Jack D. Glenn, 1336 S. 11th E. SLC to Zions Frst Natnl Bk; equip 920 25 W. Corp; furn 924 - Zion Summit, 5 E. 4800 S. Mry to Malcolm Meyer; cltrl - Zion Summit, 925 E. 4800 5 coltrl S. Mry to Malcolm Meyer; Mry - Zion Summit, E. 4800 S. to Malcolm Meyr; cltrl 927 - Zion Summit, 5 926 E. 4800 5 coltrl S. Mry to Malcolm Meyer; - John J. Olquln, 2817 S. 700 E. SLC to BIC Lns of Ut; 363 986 081 363 932 - Freeway Auto Service 26 E. 6th S. SLC to Wkr Bk Inc. & Trst Co; equip - 937 J. Boyd Brown, 4243 Abinadi Rd. SLC to Vly Trst Co; equip Bk & - Flying Carpets, 2175 SLC to Deseret Leas 942 Hylnd Dr. Co; machn wshr - Roberr Clark Young, 8033 Vlscountl Cir. Sndy to Vly Bk & Trst Co; boat 988 - Roy M. Kropf, 792 E.. 4070 S. Mry to Tracy Clns Bk 944 Grn Trst; & 943 - Henry St. empr - 945 990 - Donald E. Van Wagoner, 7638 Cardnl Cir SLC to City Fin; hhg 364 - S. Valasques, 852 to BIC Lns; furn A. SLC Roy L. Morrow, 1621 W. to SLC 300 W. SLC 947 - Ratsy S. Guthrie, 410 E. to BIC Lns; furn 6770 S. Mdvl equip 948 S. State St. Co; equip 040 - S. SLC 580 Ltd., to SLC Leas FMA - Terry Alderman, 27 W. 6100 S. Mry to BIC Lns; equip - Melvin J. Johnson, 844 949 E. 2700 S. to SLC BIC Lns; stereo Dan to Oniki, 1949 E. 5600 Leas Co; machn FMA - European Imports Ltd, 808 S. Main St SLC to FMA 042 Leas Co; equip 045 - West Vly Mtr 3500 S. Mgna to Co; equip Leas 375 W. Leas Co; FMA desk 051 - Theron L. Sumner Sr., 2837 Hrtfrd SLC to FMA Leas Co; equip 1968 E. Lns; - Patrick E. Nolan, 155 E. St. - to Mry Sam & BIC Lns; stero Shigedo Muraki, S. 3960 W. SLC to BIC Lns Moyle, 990 to FMA - Carlyle V. Curtis, 133 W. SLC to BIC Lns; furn 8th S. 953 - Scott F. Allred, 954 3120 S. SLC to BIC 717 E. Lns; furn 955 - Brent Summerhays, 33 Fedrl Lgn to E.H. Coleman; equip 958 3650 - jay S . H. Grngr Eaton, 3356 W. to Rick Wrnr Frd empr Worlds smallest idea machine.. NEW Norelco 95 Leas Executive Notetaker 054 - Cyril G. Webb, 1761 W. 700 N. SLC to Frd Mtr Crdt Co; empr 058 - Rodney 6620 W. SLC empr cvr BIC Sales, 8120 FMA 049 - Dennis D. Thoen, 1955 S. 1300 E. SLC to FMA Leas Co; Kennect Bldg Co; equip to furn Inc., W. SLC Hireling, SLC dryr 952 4817 FMA 048 - Landermann Summer hays , 1010 Univer Clb Bldg SLC to FMA Leas Co; equip - Richard wshr Ltd, - Gary F. Larsen, 2180 E. 4500 S. SLC to FMA Leas Co; - Restribco Hope Ave SLC to equip Ben A. Vine 046 047 - 950 Lincoln La. 951 043 - European Imports 808 S. Main St. SLC to Leas Co; equip 053 8t - Ronald D. Face, 650 N. to Bic Lns; furn 946 - Marwyn D. Riddle, 3335 S. 9th E. SLC to FMA Leas Co; 038 - European Mtrs . Lns; tv BIC 037 equip In any action brought upon either of the bonds provided herein . . . the prevailing party, upon each separate cause of action, shall recover a reasonable attorney's fee to be - Joseph D. Galley, 1480 072 S. Orchrd Dr. Bntfl Leas Corp; equip Business Admin; proprty W. Plaintiff also seeks reversal of the trial court's refusal to award him attorney's fees to which he claims entitlement by reason of section 14-1- -8 Financing Statements Wallet thin Fits any pocket Only 10W ozs. Jensen, 3853 S. to Frd Mtr Crdt Co Battery operated - Glenn E. Rigby, 10026 W. S. 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