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Show RAGE FOUR THE DAILY s Small Claims Court - Aste Sign Co. vs Pltf$132.50 30563 BOB MAACK; bal due - Paul 30564 BENJAMIN KIP; legal services . Plt$126. RAY GO, 329 services & Pltf$190.80 BRIK PRODUCTIONS $192.00; bal 30570 VS - Dally MODELING ',$129.60; bal - Joe A. Lopez, 3840 S. 565 W. SLC to Liberty Thrft Pltf & 336 Amrcn David A. Williford, 3697 Dr. SLC to Liberty Thrft & Ln Corp; hhg $179.10; bal - Rodney E. Duggins, 1465 Wdland SLC to Liberty Thrft & Financing Statements 320 - Ralph C. Davis, 5091 S. 4460 W. Krns to Amrcn Fin Corp; hhg - Roger W. Goudsvaard, 36 S. SLC to Amrcn Fin Corp 322 - Rodney 3500 S. W. SLC - Glen Corsey, 5612 S. 4015 W. Krns to Natnl Fin Co of Mry; furn - Donald LeRoy Bags haw, 3835 Saddler Dr. W. Jrdn to Natnl Fin Co; furn 324 & Ln Corp; - Nancy B. Rhegner, 1985 SLC to Frd Mtr J FilaNA Crdt Co; gds Sportswear Riding Academies Bk; MILLER WAREHOUSE 359 200 S. RIDING GUIID, 2140 S. 700 E. 467-03- 55 tires , Inc. to Quality equip Accept Corp; equip 455 - David W. Garcia, 3400 300 E. SLC to BIC Lns; furn 361 - Mooney Real 352 S. 3rd E. SLC 456 - Steven G. Russell, 195 E. Sthgate Ave. SIC to BIC Lns; S W. COMPANY, 555-29- 38 NORGE TCWNE LAUNDRY Estate Inc, to quality tv ft DRY CLEANING, 2195 S. Orchard Dr. Bountiful 295-99- 14 Cleaners 3256 - Darwin W. Kincaid, 3064 5th E. SLC to BIC Lns; stero 457 S OFFICE FURNITURE WAREHOUSE, 412 S. 700 458 - Sandra potter, 10342 Zinnia Way Sndy to BIC Lns; Spencer, to Genrl Fin Cri; W. W. 532-44-34 Furniture hh furn ROBINSON, ROLAND, - Montoya, Daniel, 1047 S. 10th E. SLCto BIC Lns; equip 88l E. 3900 S. Murray - Michael K. Hess, 4054 S. Ralph St. Holdy to BIC Lns; hh furn NIXDORF 262-53- 13 460 461 - Paul accnts receiv St. 382 - Herman H. Kehl, 1006 Elgin Ave. SLC to Avco Finan Serv; hhg - Earl D. Remington, 2354 E. 21st S. SLC to Vly Bk & Trst co; piano W. 448 - David L. Fitzen, 968 W. 1760 S. SLCto Zlons Frst Natnl 369 - Clark Tank Lines, 1450 Beck St. SLC to Transport Clrin 345 USA 900 359 - Laraine Lelser, 7040 S. 30 E. Sndy to Frd Mtr Credit Co; gds Intrmntn; . 485-35- 81 boat 368 - LaMont C. Hunt, 346 E. 9th S. SLC to Vly Bk & Trst Co; equip t -- s. 1859 459 - Gilbert G. Olivas, 751 S. 3rd E. SLC to Liberty . Co; gds hhg Suite 200 Snowmobiles 443 - Lloyd D.' Baggett, 423 E. 94 N. N. SLC to CIT Fin Serv; 365 - Allen 4700 S. SLC 341 Thrft 1931 S. 1100 E. 467-18- 32 S. RchrdB St. ster 364 - John A. Santisteven, 3319 S. 13th E. SLC to Genrl Fin Corp; hhg ' J40 - Dorinda Saudners, 264 Ardmore Pi. SLC to Liberty Thrft & Ln Corp; hhg 323 Co; 442 S. Ln Corp; hhg V hhg 7.31 Accept Corp; equip 339 - Kay L. Jorgenson, 3156 Lehman A e. SLC to Liberty Thrft & Ln Corp; hhg Majors, 2198 to Amrcn Fin Cor Bergstrom, 337 338 - Bobby H. Cruz, 2631 S. 8590 W. Mgna to Liberty Thrft & Ln Corp; hhg V. 17th hhg Pacheco, to City Fin to City Fin GENERAL CAPITAL AREGA RAIDER DISTRIBUTOR, 440 - Dale T. Janney, 132 E. Burton SLC to Genrl Crdt. Co; hhg 1789 360 - Charles Indus 2125 S. 400 W. SLC Ln Corp; hhg W. Co; hhg 358 - Sarah I. Vasquez, 427 E. 6th S.SLC to Frd Mtr Credit 332 30571 - Dally Utah Chronicle vs SKIER, S INTERL0CKEN; Ptf W. 356 - Elmer 2nd E. SLC furn Utah Chronicle MICHELLE'S 321 furn Jr., i 436 Trst; equip 355 - Johnny M. gew Yrk Dr. SLC Co; hhg 331 - Arthur G. Frazier 1528 W. Vickie Clr. W. Jrdn to Liberty Thrft & Ln Corp; Pltf 439 - Howard L. Dawes, 2640 3800 S. Grngr to Genrl Crdt - Francis E. Hawkins, 6205 to Genrl Crdt Co; Rdwd Mry i - David S. Harris, 2649 W. Grngr. to Liberty & Thrft Ln; furn - Daily Utah Chronicle 351 - Alpine Metals, 577 W. 3410 S. SLC to. Tracy Clns Bk & S. 3560 services VS J. Rollins, Man; hhg hhg S. 4019 SALT LAKE AREA f A public serviqe feature of THE DAILY RECORD in cooperation with Mountain Bell. - John C. Carey, 233 S. 4th E. SLC to Zlons Frst Natnl Bk; equip boat 349- 330 30568 - Dally Utah Chronicle vs BLUE DRUID; Pltf$115.20 30569 - Ronald Ln; Co o Co; hhg S. 565 E. Mry to Liberty Thrft Dally Utah Chronlcale BOOTEKY; 348 - Everett Russell, 1709 New Business Telephones 434 - Artie. R. Banks Jr., 438 H. 7th S. SLC to Centry Fin - Joseph N. Cummings,' 480 Edith Ave. SLC to Genrl Crdt Porter, 533 Grant to Liberty Thrt & Max E. 3045 S. SLC to Liberty Thrft & Ln; furn The ron Jones vs INC; Pltf$150. damages 30567 vs AL'S SLC 328 rent - St, WEDNESDAY, JULY 25, 1973 Financing Statements 327 - Oven A. Kline, 4381 W. 5375 S. SLC to Liberty Thrft & Ln; furn 30565 - Merrill Wood vs LESLIE E. ROBISON; Pltf$54.00 30566 - Ln; furn L. Badger vs JAM 326 RECORD SLC to COMPUTOR INCORPORATED, 2285 S. 'Main 467-06- 22 CLUB MANHATTAN, Larson, 616 N. Main BIC 5 E. 400 S. Lns; hh furn 552-57-89 Clubs 462 - Vera D. Hartley, 579 W. 6400 S. Mry to Intrlk Thrft; hhg DIMENSION DYNAMICS 570 E. 500 S. 552-16- INCORPORATED, 22 Aircraft Manufacturer In The Supreme Court Of The State Of Utah Earl the full $30,000 as agreed, but claimed the offset as stated above. National Surety Corporation, Plaintiff and Respondent, There are several difficulties with defendants' position. The first is that it is an incontrovertible fact that any claim Christiansen had against No. 13168 v. FILED Christiansen Brothers, Inc., Earl for L. M. Cummings,. Clerk' be included in the settlement. To be considered in that connection is the fact that it seems to us that openhanded and fair dealing would have required the defendant to state any claims it intended to assert. Contrariwise, it should not be permitted to remain silent and induce the other party into a settlement, and thereafter come forward with such a claim. To permit it to do so would rule: that where parties engage in negotiarun afoul of the tions concerning a transaction, pursuant to which they enter into a written are merged contract, it is presumed that all matters relating to the subject 2 The of their agreement. applicain and constitute a complete integration tion here is that if Christiansen had any claim which it thought it was entitled to reserve against Earl, it should have so stated, otherwise it is presumed that all prior existing claims were included in the settlement as agreed upon. a corporation, Finn B. Paulsen, Inc., a corporation, et al. , Defendants and Appellants. CROCKETT. Justice: National Surety Corporation (standing in shoes of subcontractor William A. Earl) sued defendants Christiansen Brothers, Inc. (herein referred to as the defendant), as general contractor, and the other parties, as subcontractors, for $11,456.98 as the unpaid part of $30,000 which it had been agreed among these parties in a prior suit that Earl was to receive as his share of a $160,000 fund, which had been received to settle certain claims of all the parties in connection with the building of the University of Utah Medical Center. The settlement as just stated is not disputed. Defendant Christiansen contends that it had been compelled to make certain repairs and supplement Earl's lath and plaster work; and that it was entitled to offset its claim against his share of the settlement. On the basis of the pleadings, affidavits, documents and representa- tions made to the trial court, it rendered judgment for the plaintiff for the stated amount. necessarily would have "arisen out of the transaction, " i.e. , the building of the hospital. It therefore should be regarded as a compulsory counterclaim in that action;1 and it is natural to suppose that it would June 27, 1973 Defendants appeal. Due to unforeseen and unplanned for settling of the foundation during the construction of the hospital, certain delays and damages occurred. Consequent to dispute between the parties a suit was commenced by subcontractor Interstate Electric Company against the general contractor Christiansen, and the State Building Board, and others were joined, including Earl, who asserting damages of $200, 000. back-charg- es well-establish- ed Related to what has been said above, and further supportive of the trial court's ruling,' it is pertinent to observe that the defendant Christiansen received the $160, 000 pursuant to the settlement agreement. It therefore should be deemed to be acting as a trustee to disburse that fund in accordance with its terms. Consequently, it could not properly act in violation of its fiduciary responsibility as trustee by acting as judge and jury to determine that Earl owed it $11, 456. 98 and withhold that amount from the $30, 000 which had been paid to it as his share of the fund. On the basis of the discussion herein it is our opinion that the trial court was justified in rendering judgment in favor of the plaintiff. Costs to plaintiff (respondent). Affirmed. cross-claime- d, WE CONCUR: After negotiations in that suit, .the State, through its Building Board. an appropriation of $160, 000 from the legislature to pay the available made various claims; and a settlement was agreed upon that upon the payment of that sum as allocated therein to the various claimants, the suit was to be, and was in fact dismissed. The provision of concern here is the recital that $30, 000 was to be paid to Earl in satisfaction of his claim. Consistent with this, the release which was required to be signed by Earl (and plaintiff National Surety Corporation who had taken over his duties and become entitled to payment for him) recited that in consideration of payment to William A. Earl and National Surety Corporation of the sum of $30,000, William A. Earl and National Surety Corporation' agreed to release and discharge defendants (the parties to this suit) from any and all causes of action, claims, demands or damages in any way arising out of the building contract. The re- lease also recited that it contained the entire agreement between the parties. There is no indication that in the discussions the defendants said anything about claiming against Earl, nor that they were going to withhold part of his share. It is significant that it was not until after all of the foregoing had transpired, the agreement of settlement had been executed, the $160,000 had been received by Christiansen, and the prior suit had been dismissed, that Christiansen first indicated that it was not going to nay back-charg- 1 es I , E. R, Callister, Jr., Chief Justice F. Henri Henriod, Justice A. H. Ellett, justice ' R. L. Tuckett, Justice See Rule 13 (a), U.R.C.P. J and see Knight v. Flat Top Mining Co., Utah 2d 51, 305 P. 2d 503. 2. See Mawhinney, et al. , v. Jensen, et al. , 120 Utah 142, 232 P. 2d 769; J. Henry Jones Co. v. Smith, 27 Utah 2d 225, 494 P. 2d 526; 17A C. J.S. Contracts Sec. 381. 1. 6 1 |