Stewart Livestock Co. v. Ostler

McDonough, justice.

Plaintiff brought this action to foreclose a mortgage. Judgment was for defendant and plaintiff appeals.

On October 16, 1920, appellant Stewart Livestock Company, then a corporation, entered into a written contract to sell to respondent J. S. Ostler 11,957.75 acres of land with water rights, in Weber and Morgan counties, together with certain personal property, for the total sum of $103,624.75, on which purchase price a down payment of $25,000 was made by Ostler. At the time the transaction was entered into, appellant company represented that it was the owner of all lands…