Johnson v. Johnson
Utah Supreme Court
Appeal from District Court, Utab County; C. H. Hart, Judge. Action by Bengt Johnson against Abraham B. Johnson.From a judgment for plaintiff, defendant appeals. appellant's points.
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Appeal from District Court, Utab County; C. H. Hart, Judge. Action by Bengt Johnson against Abraham B. Johnson.From a judgment for plaintiff, defendant appeals. appellant's points. A new agreement altering the terms of a prior written contract which is within the statute df frauds or required by law to be in writing, or discharging or waiving such prior contract in part only or in whole, must also' be in writing in order to be binding, or admissible in evidence, inasmuch as the effect of a verbal waiver would be to substitute a verbal contract for the one required to be in writing. This is…
1Opinion of the Court
' -FRICK, J.
This is an action for breach of contract. In view that the whole contention in this court arises upon the complaint, we shall set forth somewhat in detail the allegations, which, in substance, are: That on July 27, 1891, the plaintiff (hereinafter called respondent) was the owner of certain lands, describing them; that on the said day and year the defendant (hereinafter styled appellant) procured from the respondent and his wife a deed whereby said land was conveyed to the appellant for a consideration therein expressed of $2,200, but in fact no part thereof, or any other…
2Cases cited5 opinions
- Kadish v. YoungIllinois Supreme Court · 1883
- Zuck v. McClure & Co.Supreme Court of Pennsylvania · 1881
- Davis v. McFarlaneCalifornia Supreme Court · 1869
- McGrath v. CannonSupreme Court of Minnesota · 1893
- Vulicevich v. SkinnerCalifornia Supreme Court · 1888
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