Budge v. Barron
Utah Supreme Court
Appeal from District Court of Cache County, First District; Hon. J. A. Howell, Judge. Action by T. B. Budge against Ashmer Cecil Barron. Judgment for plaintiff. Defendant appeals.
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Appeal from District Court of Cache County, First District; Hon. J. A. Howell, Judge. Action by T. B. Budge against Ashmer Cecil Barron. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS Subjecting the facts in this case to the test of mutuality, that is, as to whether in this triangular matter each of the parties might legally be held to a performance, we at once see that there would be nothing to bind either the Trustee or the respondent and therefore there could be no estoppel as against this appellant because he did not carry through the proposed deal. An estoppel must be…
1Opinion of the Court
CORFMAN, J,
This is an action brought by the plaintiff to determine his right, as against the defendant, in certain real property situate in Logan City, Utah.
It appears that on or about the 25th day of February, 1916, the defendant entered into a written contract with Joseph F. Smith, trustee in trust for the Church of Jesus Christ of Latter Day Saints, whereby and under the terms of which the said Joseph F.- Smith, as said trustee, agreed to sell, and the defendant agreed to buy, lot 21, Temple View addition, as *236shown on the official plat of said lands of record in the office of the county…
2Cases cited3 opinions
- Telford v. FrostWisconsin Supreme Court · 1890
- Cutwright v. Union Savings & Investment Co.Utah Supreme Court · 1908
- Aaron v. HolmesUtah Supreme Court · 1908
3Cited by3 opinions
- Allen v. KingdonUtah Supreme Court · 1986
- Eldridge v. FarnsworthCourt of Appeals of Utah · 2007
- Allen v. KingdonUtah Supreme Court · 1986