Gruenberg v. Buhring
Utah Supreme Court
Appeal from a judgment of the district court of the third district and from an order refusing a new trial. The opinion states the facts. The letter is too indefinite to show what it refers to. Even if it does refer to this account, the new promise is barred.
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Appeal from a judgment of the district court of the third district and from an order refusing a new trial. The opinion states the facts. The letter is too indefinite to show what it refers to. Even if it does refer to this account, the new promise is barred. The reading of our statute clearly indicates that the purpose of the legislature was merely to change a rule of evidence to require the acknowledgment or promise to be in writing, which but for this provision, would have pre-cisefy the same effect, if made orally. This has been the declared purpose of this provision, both in the…
1Opinion of the Court
Boreman, J.:
The plaintiffs, (respondents.) on the twenty-fourth of September, 1887, brought their action against the defendant, (appellant,) alleging that between the first of May, 1884, and the twelfth of March, 1885, they sold and delivered to the defendant goods, wares, and merchandise of the value of 81,186.44; that afterwards, on the fourteenth of March, 1885, in consideration of the foregoing facts, the defendant, in writing signed by him, acknowledged such indebtedness, and promised the plaintiffs, in said writing, that he would pay the same; that the same has not been paid, etc. The…
2Cases cited4 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- McCormick v. BrownCalifornia Supreme Court · 1868
- E. & H. T. Anthony & Co. v. SavageUtah Supreme Court · 1880
- Boukofsky v. PowersUtah Supreme Court · 1876
3Cited by4 opinions
- Ireland v. MackintoshUtah Supreme Court · 1900
- A. Kuhn & Bro. v. MountUtah Supreme Court · 1896
- Salt Lake Transfer Co. v. ShurtliffUtah Supreme Court · 1934
- SRM Global Master Fund Ltd. P'ship v. Bear Stearns Cos.Court of Appeals for the Second Circuit · 2016