Caine v. Hagenbarth
Utah Supreme Court
Appeal from District Court, Third District; Son. T. ID. !'Lewis, Judge. Action by Joseph E. Caine and another against E. J. Ha-genbarth. Judgment for plaintiffs. Defendant appeals. appellant's points. The question as to what is the true construction of a written instrument is one of law3 to be answered by the court.
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Appeal from District Court, Third District; Son. T. ID. !'Lewis, Judge. Action by Joseph E. Caine and another against E. J. Ha-genbarth. Judgment for plaintiffs. Defendant appeals. appellant's points. The question as to what is the true construction of a written instrument is one of law3 to be answered by the court. If tbe writing is upon its face ambiguous, or uncertain, the court may receive evidence as to the situation of the parties and the facts and circumstances surrounding them at the time they entered into the agreement. (Mcmti City Sav. Bank v. Peterson, 33 Utah 209, 216-11; Dwight…
1Opinion of the CourtFrick, J.
On the 17th day of January, 1907, respondents entered into an agreement in writing with the Ludwig Copper Mining Company, a corporation, whereby they were given an option to purchase certain copper mines of said company located in the State of Nevada. The option was good for sixty days at the stipulated price of $1,000,000 for the mine, provided the respondents paid $5,000 of the purchase price within thirty days from the 17th day of January aforesaid; and thereafter, if the option eventuated in a sale, the purchase price was to be paid, $245,000 in two months from the date of the option,…
2Cases cited15 opinions
- Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Pressed Steel Car Co. v. Eastern Ry. Co.Court of Appeals for the Eighth Circuit · 1903
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Noland v. BullOregon Supreme Court · 1893
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3Cited by13 opinions
- Flood v. ClearOne Communications, Inc.Court of Appeals for the Tenth Circuit · 2010
- In re Wolcott's EstateUtah Supreme Court · 1919
- Garrett v. EllisonUtah Supreme Court · 1937
- Reese Howell Co. v. BrownUtah Supreme Court · 1916
- Burt v. StringfellowUtah Supreme Court · 1914
8 more not listed; retrieve them via the Exa API.