Utah Supreme Court September 16, 1968, 10925 (Rex T. Fuhriman, Inc. v. Jarrell)

CALLISTER, Justice:

Plaintiff initiated this action to recover rent on a home occupied by defendants while plaintiff was building defendants a new home. Defendants asserted a counterclaim for damages for breach of the construction contract for the new home. The trial court, sitting without a jury, rendered judgment to the plaintiff in the sum of $865.36 ($858.