Obrecht v. Neilson Land & Water Co.
Utah Supreme Court
Appeal from District Court Third District; Hon. M. L. Ritchie, Judge. Action by Joseph A. Obrecht against the Neilson Land & Water Company et al. Judgment sustaining a demurrer to the complaint.. Plaintiff appeals. APPELLANTS POINTS. Where one contracts to do acts which can be performed, nothing but the act of God or a public enemy, or the interdiction of law as a direct and sole cause of the failure, will excuse the nonperformance.
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Appeal from District Court Third District; Hon. M. L. Ritchie, Judge. Action by Joseph A. Obrecht against the Neilson Land & Water Company et al. Judgment sustaining a demurrer to the complaint.. Plaintiff appeals. APPELLANTS POINTS. Where one contracts to do acts which can be performed, nothing but the act of God or a public enemy, or the interdiction of law as a direct and sole cause of the failure, will excuse the nonperformance. So, in this case, when the defendants failed, neglected, and refused to perform their part of the contract to “set out said premises and plant the same to a…
1Opinion of the CourtStkaup, J.
A demurrer for want of facts was sustained to plaintiffs complaint. On bis failure to amend, tbe action was dismissed. lie appeals, and complains of tbe ruling, sustaining tbe demurrer.
In tbe complaint it is alleged that tbe plaintiff and tbe Little Valley Land Company, on tbe 3d day of August, 1908, entered into a written agreement, by tbe terms of wbicb tbe latter agreed to sell and convey to tbe plaintiff certain real estate, ten acres fully described, situate in Grand County. A copy of tbe contract is attached to tbe complaint and made a part of it. It provides that tbe consideration to…
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