Price v. Lloyd
Utah Supreme Court
— Appeal from District Court, Salt Lake County; C. W. Morse, Judge. Suit by Martha Lloyd Price against John H. Lloyd, as executor of the will of William Lloyd, deceased. From a judgment for plaintiff, defendant appeals. APPELLANT’S POINTS.
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— Appeal from District Court, Salt Lake County; C. W. Morse, Judge. Suit by Martha Lloyd Price against John H. Lloyd, as executor of the will of William Lloyd, deceased. From a judgment for plaintiff, defendant appeals. APPELLANT’S POINTS. “If a party would take a case out of the statute of frauds upon the ground of part performance-, it is indispensable that the parol contract, agreement, or gift -should be established by clear, unequivocal and definite testimony, and the acts claimed to be done thereunder should be equally clear and definite and referable exclusively to the- said contract…
1Opinion of the CourtSteaup, J.
1. This action was brought by plaintiff and respondent against the executor of the last will and testament of William J. Lloyd, deceased, to have decreed a specific performance of a parol agreement or gift of land. Upon findings made by the court a decree was rendered in favor of plaintiff, from which the defendant prosecutes this appeal.
It is alleged in the complaint that the plaintiff was a niece of the deceased, that she had married his son; that for the last 21 years of his life the deceased was unmarried; that prior to July, 1891, tire plaintiff did acts of kindness for the deceased, and…
Also in this document: Concurrence.
2Cases cited12 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Wooldridge v. HancockTexas Supreme Court · 1888
- Poullain v. PoullainSupreme Court of Georgia · 1886
- Gallagher v. GallagherWest Virginia Supreme Court · 1888
- Brown v. SuttonSupreme Court of the United States · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Maloy v. BoyettSupreme Court of Florida · 1907
- Henry S. Grinde Corporation v. KlindworthNorth Dakota Supreme Court · 1950
- Bradshaw v. McBrideUtah Supreme Court · 1982
- Ravarino v. PriceUtah Supreme Court · 1953
- Randall v. Tracy Collins Trust CompanyUtah Supreme Court · 1956
34 more not listed; retrieve them via the Exa API.