Roberts v. Tuttle
Utah Supreme Court
Appeal from District Court, Third District; Hon. T. D. Lewis, Judge. Action for breach of contract bj Joseph H. Roberts and Hattie Roberts against Walter Gr. Tuttle, Sereno B. Tuttle, and Marcellus B. Woolley, doing business as Tuttle Brothers. Judgment for plaintiffs for a- part only of their claim. They appeal. (APPELLANTS'1 POINTS.
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Appeal from District Court, Third District; Hon. T. D. Lewis, Judge. Action for breach of contract bj Joseph H. Roberts and Hattie Roberts against Walter Gr. Tuttle, Sereno B. Tuttle, and Marcellus B. Woolley, doing business as Tuttle Brothers. Judgment for plaintiffs for a- part only of their claim. They appeal. (APPELLANTS'1 POINTS. It seems to be well settled by the authorities that in ease of doubt as to the intention of the parties to a contract, or any uncertainty in its terms, the interpretation which the parties, by their acts under their contract have practically given, • it will…
1Opinion of the CourtMeCAJtTY, J.
(after stating the facts as above).
The first question to be determined is, What were the respective rights and obligations of appellants and defendants under the agreement signed by them, and which it set out ih. full in the foregoing state*629ment of facts ? This agreement; among other things, provides that: “Tuttle Brothers furnish good1 title to said property for not exceeding $2650 on the following terms of payment, to-wit, three hundred dollars cash in hand paid} and the balance in monthly installments of twenty dollars per month with seven per cent interest.” It is contended by counsel for…
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