Guy Spence v. Utah Construction Company

This case was disposed of in the trial court by the entry of summary judgment in favor of appellee. Our main inquiry, after taking into consideration all of the pleadings and supporting affidavits is, does it appear that a genuine issue as to a material fact remained in the case?

Appellant alleges that he and appellee, Utah Construction Company, entered into a written contract of employment; that the contract was entered into in San Francisco, California, and that his work was to be performed in East Pakistan. It is further alleged that he, appellant, journeyed to East Pakistan, entered into the employment and performed according to the terms of the contract. It is then alleged that he was unjustly discharged and suffered damages. Appellee denied generally the allegations and by amended answer affirmatively set up a contract of employment entered into by appellant and Utah International, Inc., subsidiary of Utah Construction Co.

There appears in the record as Exhibit B, appellant’s written acknowledgment of employment attached to an affidavit of appellee’s project manager, E. V. Reeves. This acknowledgment, entered into between appellant and Utah-Pakistan, Inc., acting as hiring…