Garcia v. Free
Utah Supreme Court
Appeal from District Court, Third District; M. L. Ritchie, Judge. Action by F. Garcia, doing business as F. Garcia & Co., against John F. Free and another. From a judgment in favor of defendants, plaintiff appeals. APPELLANT'S POINTS.
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Appeal from District Court, Third District; M. L. Ritchie, Judge. Action by F. Garcia, doing business as F. Garcia & Co., against John F. Free and another. From a judgment in favor of defendants, plaintiff appeals. APPELLANT'S POINTS. Tbe rule is fundamental, it bas been said "tbat a contract will not be specifically enforced unless it is obligatory upon both parties, nor unless both parties at tbe time of its execution bave tbe right to resort to equity for its specific performance.” ' (Morris v. Fox, 45-Fed. 406; Winter v. Trainor, 151 ill. 191; 26 Ency. of Law [2 Eid.], 30, 31; Tousey v.…
1Opinion of the CourtStkatjp, J.
This action was commenced in the city court of Salt Lake City by the plaintiff against the defendants, to recover $306.25, with interest, on a judgment alleged to have been obtained in a justice’s court. The case was appealed from the city court to the district court, who found that the judgment sued on was void, and therefore rendered a judgment in favor of the defendants, and dismissed plaintiff’s complaint. From the judgment entered in the district court, the plaintiff has appealed to this court.
The respondents filed a motion to dismiss the appeal upon the ground that the judgment is…
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