Bartels v. Brain
Utah Supreme Court
Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by Gr. C. Bartels against Annie P. Brain, administratrix, to recover damages for excavations made on land leased to Edward Brain, who by terms of the written lease was to return the premises in as good a condition as when entered upon, reasonable use and wear thereof and damage by the elements excepted. From a judgment for the defendant, plaintiff appeals.
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Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by Gr. C. Bartels against Annie P. Brain, administratrix, to recover damages for excavations made on land leased to Edward Brain, who by terms of the written lease was to return the premises in as good a condition as when entered upon, reasonable use and wear thereof and damage by the elements excepted. From a judgment for the defendant, plaintiff appeals. The court erred in allowing witness Maxwell to relate a conversation which occurred between Popper and Brain before the…
1Opinion of the Court
Zane, C. J.:
It appears from the evidence in the record that Charles Popper, the grantor of the plaintiff, executed a written lease of two and a half acres of land situated in the suburbs of Salt Lake City, for the term of five years from *164July 1, 1886, to the late Edward Brain, of whose estate the defendant is administratrix; that Brain, during his lifetime, and his administratrix afterwards, to the end of the term, paid the rent reserved, and occupied the land as a brickyard; that the lease contained the following covenant: “At the expiration of the term in this lease mentioned, he [the…
2Cases cited4 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- In re Curtis & Castle ArbitrationSupreme Court of Connecticut · 1894
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Emery v. WebsterSupreme Judicial Court of Maine · 1856
3Cited by6 opinions
- Chamberlain v. BrownSupreme Court of Iowa · 1909
- Fayter v. NorthUtah Supreme Court · 1906
- Brown v. MarklandUtah Supreme Court · 1898
- Hill v. HartNew Mexico Supreme Court · 1917
- Last Chance Ranch Co. v. EricksonUtah Supreme Court · 1933
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