Legal Opinion

Evershed v. Berry

Utah Supreme Court

Decided January 15, 1968No. 10889PublishedCited by 4 opinions

1Opinion of the Court

CALLISTER, Justice.

This appeal involves the validity of a five-year written lease between a contract purchaser, Berry, as a lessor and his lessee, Conley, after the lessor’s interest has been terminated by court decree.

The plaintiffs-respondents, hereinafter referred to as Evershed, owned commercial property in Murray, Utah. On October 20, 1965, Evershed sold his real estate to the Berrys under a real estate contract, which provided that no assignment or transfer of an interest in the property shall be valid unless made with the written consent of the seller. This contract was recorded.

On…

2Cases cited3 opinions

  1. In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
  2. Pearce v. ShurtzUtah Supreme Court · 1954
  3. Geo. Benz & Sons v. WillarSupreme Court of Minnesota · 1936

3Cited by4 opinions

  1. Consolidated Realty Group v. Sizzling Platter, Inc.Court of Appeals of Utah · 1996
  2. In re Gen. Aeronautics Corp.United States Bankruptcy Court, D. Utah · 2018
  3. Minton v. LongCourt of Appeals of Tennessee · 1999
  4. Evershed v. BerryUtah Supreme Court · 1968

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