Kohler v. Lundberg
Utah Supreme Court
Appeal from District Court, First District, Cache County; J. D. Gall, Judge. s • Action by Anton Kohler against Abraham Lundberg and others. From a judgment in favor of plaintiff, defendants appeal. APPELLANT’S POINTS.
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Appeal from District Court, First District, Cache County; J. D. Gall, Judge. s • Action by Anton Kohler against Abraham Lundberg and others. From a judgment in favor of plaintiff, defendants appeal. APPELLANT’S POINTS. This Court has held in Tucker v. Billing, 3 Utah, 82, “that after a breach of a contract, the party in fault will not be permitted to treat the contract as existing,” so here, Cardón on behalf of plaintiff could not on December 3rd after default, , secure an extension of time, at least not from John Lund-berg, that would bind his co-tenant. respondent’s points. It is admitted…
1Opinion of the CourtGideon, J.
Plaintiff, by this action seeks to enjoin the defendants from interfering with the possession of certain premises described *341in the complaint, and asks a decree declaring a contract between the parties for the purchase and sale of the premises to be in force and effect. The complaint alleges the existence of the contract between plaintiff and defendants dated March 15, 1916, in which the defendants, for the considerations mentioned, agreed to sell to the plaintiff certain land located in Cache county, this state. Time is made the essence of the contract, and it is stipulated that if the…
2Cases cited7 opinions
- Williams v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1910
- Loftis v. Pacific Mutual Life InsuranceUtah Supreme Court · 1911
- Thayer v. Wilmington Star Mining Co.Illinois Supreme Court · 1882
- Zeimantz v. BlakeWashington Supreme Court · 1905
- Eaton v. SchneiderIllinois Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Zion's Properties, Inc. v. HoltUtah Supreme Court · 1975
- Sullivan v. BurcawIdaho Supreme Court · 1922
- Swain v. Salt Lake Real Estate and Investment Co.Utah Supreme Court · 1955
- Columbia Airways, Inc. v. StevensUtah Supreme Court · 1932
- State Bank of Sevier v. American Cement & Plaster Co.Utah Supreme Court · 1932
6 more not listed; retrieve them via the Exa API.