Swanson v. Sims
Utah Supreme Court
Appeal from District Court of Salt Lake County, Third District; Hon. M. L. Ritchie, Judge. Suit by William H. Swanson against H. A. Sims. Judgment for plaintiff. Defendant appeals.
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Appeal from District Court of Salt Lake County, Third District; Hon. M. L. Ritchie, Judge. Suit by William H. Swanson against H. A. Sims. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS “The rule which excludes parol evidence to contradict or vary the terms of a written agreement can be applied only when a written agreement is proved to exist between the parties, and consequently parol evidence is admissable to show that a writing, although purporting on its face to be a contract, was not in fact intended by the parties to be such. ’ ’ 17 Cyc. 692, 694. And the rule is further…
1Opinion of the CourtGideon, J.
It is alleged that the defendant, together with four others, entered into a contract with plaintiff for the sale of all the stock in a Utah corporation known as the Liberty Theater Company for a consideration mentioned, which consideration was paid. It is further alleged that the said theater company was the owner of and conducted two moving picture shows in Salt Lake City, Utah, known as the American and Liberty theaters; that among other provisions in the contract defendant, with his associates, agreed, each for himself, that they would not, directly or indirectly, or through any…
2Cases cited7 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Martineau v. HansonUtah Supreme Court · 1916
- Vance v. HeathUtah Supreme Court · 1912
- Quinn v. RoathSupreme Court of Connecticut · 1870
- Smith v. BrownUtah Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Merrill v. Allen (In Re Universal Clearing House Co.)District Court, D. Utah · 1986
- Merril v. Dietz (In Re Universal Clearing House Co.)District Court, D. Utah · 1986
- Berkeley Bank for Cooperatives v. MeibosUtah Supreme Court · 1980
- State v. GoinsUtah Supreme Court · 2017
- Cantamar, L.L.C. v. ChampagneCourt of Appeals of Utah · 2006
11 more not listed; retrieve them via the Exa API.