Coughran v. Bigelow
Utah Supreme Court
Appeal from a judgment of the district court of the fourth district and from an order refusing a new trial, Hon. James A. Miner, judge. The opinion states the facts, except that the plaintiffs offered evidence that defendant Henderson was a principal, in that he was interested in tl^e land, which .evidence was excluded. The contract was a receipt attached on the back of the bond.
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Appeal from a judgment of the district court of the fourth district and from an order refusing a new trial, Hon. James A. Miner, judge. The opinion states the facts, except that the plaintiffs offered evidence that defendant Henderson was a principal, in that he was interested in tl^e land, which .evidence was excluded. The contract was a receipt attached on the back of the bond. The, agreement in the bond should prevail because (1) it was prepared by the defendants; (2) it is definite and certain and a solemn instrument under seal; (3) the sureties are not parties to the contract; (4) the…
1Opinion of the Court
B A RICH, J.:
This action was brought to recover the penalty in a bond which was given as a guaranty for the faithful performance of a contract to convey real estate. The respondents were sureties on the bond. When the evidence of the plaintiffs was introduced the defendants moved for a nonsuit, which motion was sustained over the objection of plaintiffs, who thereafter moved for a new trial, and, this motion being overruled, they prosecuted their appeal in this court.
The contract in question, among other things, specified that the purchase price for the land was $10,000, of which $3,333 was…
2Cases cited9 opinions
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- Locke v. McVeanMichigan Supreme Court · 1876
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