Russell & Co. v. Harkness
Utah Supreme Court
Appeal from a judgment of tbe district court of tbe first district. Tbe opinion states tbe facts. Construing tbe whole contract and notes together, they amount to a sale with a lien reserved to respondent.
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Appeal from a judgment of tbe district court of tbe first district. Tbe opinion states tbe facts. Construing tbe whole contract and notes together, they amount to a sale with a lien reserved to respondent. In Illinois, under a statute similar to tbat of Idaho, (Jones on chattel mortgages, section 202), tbe supreme court of tbat state have construed like contracts: McCormick v. Hadden, 37 Ill., 447: Ketchum v. Watson, 24 Ill., 591; Murch v. Wright, 46 Ill., 488; Lucas v. Campbell, 88 111., 447; and arrived at this conclusion. To tbe same effect are: Hearvey, et al., v. R. I. Locomotive Works,…
1Opinion of the Court
Zane, C. J.:
It appears from the findings of the district court, that on the second day of October, 1882, the plaintiff entered *200into tlie following contract witli Phelan & Ferguson: “On or before tbe first day of May, 1883, for valúe received in one sixteen-horse' power engine and boiler, number one thousand twenty-six hundred, and a portable saw mill, complete, number one hundred and twenty-seven, bought of L. B. Mattison, agent of Russell & Co., we, or either of us, promise to pay to the order of Russell & Co., Massilon, Ohio, three hundred dollars, payable at Wells, Fargo & Co.’s bank, Salt…
2Cases cited15 opinions
- Heryford v. DavisSupreme Court of the United States · 1880
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Cole v. . MannNew York Court of Appeals · 1875
- Singer Manufacturing Co. v. GrahamOregon Supreme Court · 1879
- Hine v. RobertsSupreme Court of Connecticut · 1880
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3Cited by10 opinions
- Freed Furniture & Carpet Co. v. SorensenUtah Supreme Court · 1905
- Standard Steam Laundry v. DoleUtah Supreme Court · 1900
- Turnbow v. BecksteadUtah Supreme Court · 1903
- Cache Auto Co. v. Central GarageUtah Supreme Court · 1923
- Encino State Bank v. TenorioNew Mexico Supreme Court · 1922
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