Genter v. Conglomerate Mining Co.
Utah Supreme Court
Appeal from the Third District Court Salt Lake County.— Hon. A. N. Gherry, Judge. Action to recover a commission claimed by plaintiff for services rendered in finding a purchaser for certain mining ground. From a judgment for plaintiff defendants appealed.
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Appeal from the Third District Court Salt Lake County.— Hon. A. N. Gherry, Judge. Action to recover a commission claimed by plaintiff for services rendered in finding a purchaser for certain mining ground. From a judgment for plaintiff defendants appealed. The doctrine of election between remedies is nowhere more strongly applied than where a party deals with the agent of an undisclosed principal; he is at liberty on discovering the principal to elect either to hold the agent or the principal, but Tie can not hold both. Pollock on Contracts (4 Ed.), p. 102; Addison on Contracts (8 Ed.), p.…
1Opinion of the Court 1
After stating the facts, as above,
2Opinion of the Court · MiNerMiNer, J.
1. The appellants claim in argument that the evidence is insufficient to justify the verdict, but the exception taken or the petition in error does not specify the particulars in *175which such evidence is insufficient under section 3284, and hence we can not review that question. Van Pelt v. Park, 18 Utah 141, and cases cited.
2. At the commencement of the trial and also after the plaintiff’s testimony was closed, the defendants moved that the plaintiff elect whether to proceed against the defendant company or against Lavagnino, and claim that there was no…
3Cases cited3 opinions
- Webb v. Denver & Rio Grande Western Railway Co.Utah Supreme Court · 1890
- Olmstead v. DauphinyCalifornia Supreme Court · 1894
- Van Pelt v. ParkUtah Supreme Court · 1898
4Cited by7 opinions
- Chatelain v. ThackerayUtah Supreme Court · 1940
- Berg v. Otis Elevator Co.Utah Supreme Court · 1924
- Egelund v. FayterUtah Supreme Court · 1918
- Lindsay Land & Livestock Co. v. Smart Land & Livestock Co.Utah Supreme Court · 1913
- Prye v. KalbaughUtah Supreme Court · 1908
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