Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 35 |
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Results 1-5 of 85
Page 50
... executed parol contract for the surrender of a lease is valid , so that a parol contract whereby a tenant surrendered leased premises and another was put in possession was not void under the statute of frauds . " ( Page 57. ) 1 Lebcher ...
... executed parol contract for the surrender of a lease is valid , so that a parol contract whereby a tenant surrendered leased premises and another was put in possession was not void under the statute of frauds . " ( Page 57. ) 1 Lebcher ...
Page 51
... executed con- tract by the tenant to surrender the premises . ( Page 59. ) APPEAL from District Court , Third District . Hon . T. D. Lewis , Judge . Action by Max M. Aaron against G. S. Holmes . From an order denying defendant's motion ...
... executed con- tract by the tenant to surrender the premises . ( Page 59. ) APPEAL from District Court , Third District . Hon . T. D. Lewis , Judge . Action by Max M. Aaron against G. S. Holmes . From an order denying defendant's motion ...
Page 52
... executed by the parties hereto upon said 15th day of May , 1906. " [ Then follows an allegation describing the business carried on by plaintiff on said premises ] ; ( 3 ) that on the 1st day of January , 1907 , the defendant by " his ...
... executed by the parties hereto upon said 15th day of May , 1906. " [ Then follows an allegation describing the business carried on by plaintiff on said premises ] ; ( 3 ) that on the 1st day of January , 1907 , the defendant by " his ...
Page 57
... executed parol agreement to rescind a contract for the sale of land , where the vendee has surrendered , and the vendor has gone into , possession of the premises covered by the original contract , is not void under the statute of ...
... executed parol agreement to rescind a contract for the sale of land , where the vendee has surrendered , and the vendor has gone into , possession of the premises covered by the original contract , is not void under the statute of ...
Page 58
... executed agreement to surrender , although by parol , may be sufficient . The only question for determination was whether the aver ments contained in the answer , which are stated in the opinion , are broad enough to admit proof of an ...
... executed agreement to surrender , although by parol , may be sufficient . The only question for determination was whether the aver ments contained in the answer , which are stated in the opinion , are broad enough to admit proof of an ...
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Common terms and phrases
33 Utah action adverse possession agent agreement alleged appellant appellant's assignment attorney authority bill of exceptions bonds Box Elder county Brigham City Budge cause circumstances claim Comp complaint Constitution contract contributory negligence Conway corporation counsel damages deceased deed default defect defendant defendant's dence district court duty election engine error evidence executed facts franchise FRICK garnishment proceedings Granger ground held injury issue J. Y. Rich judgment judgment debtor jurisdiction jury justice land liability Logan City matter ment motion negligence notice operation ordinary Oregon Short Line owner paid parties payment perjury person Peterson plaintiff possession purchase purpose question quiet title railroad company reason record recover refused respondent respondent's rule Salt Lake City Salt Lake county statute STRAUP street sufficient testified thereof tion track train orders trial court Utah Light verdict Wilson witness writ
Popular passages
Page 269 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 460 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 495 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 279 - Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.
Page 217 - ... any demand which may be established against the defendant by the final judgment of the court. But if there is no appearance of the defendant, and no service of process on him, the case becomes in its essential nature a proceeding in rem, the only effect of which is to subject the property attached to the payment of the demand which the court may find to be due to the plaintiff.
Page 589 - The Legislature shall not pass any laws permitting the leasing or alienation of any franchise, so as to relieve the franchise or property held thereunder from the liabilities of the lessor or grantor, lessee or grantee, contracted or incurred in the operation, use, or enjoyment of such franchise, or any of its privileges.
Page 311 - Franklin circuit court, for $20,000.00 damages for the death of his intestate, alleged to have been caused by the negligence of...
Page 283 - But it is urged that this case falls within the general principle which has become a maxim of law, that when one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss, must sustain it.
Page 43 - There is no presumption in this country that every person knows the law; it would be contrary to common sense and reason, if it were so.
Page 455 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority.