Tooele Improvement Co. v. Hoffman
Utah Supreme Court
Appeal from District Court, Third District; Son. Geo. G. Armstrong, Judge. Action by Tooele Improvement Company against Frank Hoffman. Judgment for plaintiff. Defendant appeals. ' appellant's points. False representation of a material fact constituting the inducement of a contract on which the purchaser has a right to rely is always a ground for rescission in a court of equity.
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Appeal from District Court, Third District; Son. Geo. G. Armstrong, Judge. Action by Tooele Improvement Company against Frank Hoffman. Judgment for plaintiff. Defendant appeals. ' appellant's points. False representation of a material fact constituting the inducement of a contract on which the purchaser has a right to rely is always a ground for rescission in a court of equity. A misrepresentation to purchaser of a lot in a village that a large sum is to be invested therein in a manufacturing enterprise if it was the inducing cause of the purchase, entitled him to rescind. The intent of the…
1Opinion of the CourtMcOABTY, C. J.
1 We are met at the threshold of this appeal by a motion filed by respondent to strike the bill of exceptions on the ground that the draft thereof was not prepared and served on respondent within thirty days after the service of notice of the entry of judgment as provided by Comp. Laws 1907, section 3286. The notice of the entry of judgment was served on respondent October 2, 1912. No motion for a new trial was filed in the cause. A draft of the prepared bill of exceptions was served on respondent January 25, 1913, three months and twenty-three days after the service of notice on respondent…
2Cases cited4 opinions
- Warnock Insurance Agency v. Peterson Real Estate Investment Co.Utah Supreme Court · 1909
- Butter v. LamsonUtah Supreme Court · 1905
- Bryant v. KunnelUtah Supreme Court · 1907
- Metz v. JacksonUtah Supreme Court · 1913
3Cited by15 opinions
- Lund v. Third Judicial Dist. Court in & for Salt Lake CountyUtah Supreme Court · 1936
- Davis v. LynhamUtah Supreme Court · 1926
- Harris v. SpeirsUtah Supreme Court · 1920
- Moyle v. McKeanUtah Supreme Court · 1916
- Findlay v. National Union Indemnity Co.Utah Supreme Court · 1934
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