Wherritt v. Dennis
Utah Supreme Court
Appeal from District Court, Fourth District. Hon. A. B. Morgan, Judge. Mortgage foreclosure suit by W. R. Wherritt against W. R. Dennis and Lysle Dennis. Decree for plaintiff. Defendants appeal. APPELLANT’S POINTS. "A unilateral mistake is not a ground for reformation. An instrument which agrees with the intention of one party, although under mistake as to the other, cannot be reformed.
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Appeal from District Court, Fourth District. Hon. A. B. Morgan, Judge. Mortgage foreclosure suit by W. R. Wherritt against W. R. Dennis and Lysle Dennis. Decree for plaintiff. Defendants appeal. APPELLANT’S POINTS. "A unilateral mistake is not a ground for reformation. An instrument which agrees with the intention of one party, although under mistake as to the other, cannot be reformed. Before equity will reform a written instrument it must appear that there was a valid agreement sufficiently expressing the real intent of the parties, and that the written instrument failed to express such…
1Opinion of the CourtFrick, J.
On and prior to the 16th day of December, 1912, the plaintiff and the defendant, W. R. Dennis, were partners engaged in raising live stock in Wasatch County, Utah, and were doing business under the firm name of Wherritt & Dennis. In addition to the live stock and other personal property owned by the firm it also-owned a ranch consisting of something over 500 acres, wMch was used by the firm in connection with its business aforesaid and which is specifically described in the complaint. On the date aforesaid the partners entered into an agreement in writing whereby it was agreed that the…
2Cases cited3 opinions
- Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1907
- Weight v. BaileyUtah Supreme Court · 1915
- McQuade v. CollinsSupreme Court of Iowa · 1894
3Cited by6 opinions
- Sine v. HarperUtah Supreme Court · 1950
- Naisbitt v. HodgesUtah Supreme Court · 1957
- George v. Fritsch Loan & Trust Co.Utah Supreme Court · 1927
- Nordfors v. Knight Et Ux.Utah Supreme Court · 1936
- Cram v. ReynoldsUtah Supreme Court · 1919
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