Spratt v. Paulson
Utah Supreme Court
Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action, by G-. C. Spratt against J. P. Paulson. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS.
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Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action, by G-. C. Spratt against J. P. Paulson. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. The complaint alleges an express contract for the purchase of stock upon certain terms and conditions, but the only evidence offered by the plaintiff in support of such pleading was evidence tending to prove a contract implied by law, and not the express contract relied upon and put in issue by the pleadings. That such testimony is insufficient to entitle plaintiff to recover is well settled. 9 Cyc. 749;…
1Opinion of the CourtFrick, J.
The plaintiff brought this action against the defendant to recover the sum of $1,060, which the plaintiff alleged the defendant had agreed to pay the plaintiff for ten shares of the capital stock of a certain corporation of which both were stockholders. The defendant filed a general denial to plaintiff’s complaint.
The plaintiff, at the trial, produced evidence tending to prove: That the defendant, prior to and in November, 1907, was the sole owner of certain business in Salt Lake City. That the plaintiff, who was then a young man, was then, and for a number of years had been, employed by the…
2Cases cited2 opinions
- Meyers v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1909
- Victoria Copper Mining Co. v. HawsUtah Supreme Court · 1891
3Cited by9 opinions
- Utah State Building & Loan Ass'n v. PerkinsUtah Supreme Court · 1918
- Western Securities Co. v. SpiroUtah Supreme Court · 1923
- Mower v. OlsenUtah Supreme Court · 1917
- Peterson v. RichardsUtah Supreme Court · 1928
- Christensen v. JohnsonUtah Supreme Court · 1936
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