Brixen v. Jorgensen
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Ron. W. C. Rail, Judge. Action in ejectment. From a judgment for defendants, the plaintiff appealed.
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Appeal from the Third District Court, Salt Lake County. — Ron. W. C. Rail, Judge. Action in ejectment. From a judgment for defendants, the plaintiff appealed. The vendee in possession under an executory contract is in all cases under legal obligation to promptly pay the stipulated purchase money at the time or times when it may become due, and to faithfully perform any of the conditions precedent upon which the sale is based; and failing in this, the vendor has a right to elect whether he will abandon the contract and re-enter upon his lands, or hold the vendee to his agreement, if the…
1Opinion of the CourtBaskin, C. J.
This is an action of ejectment to recover possession of the tract of land described in the complaint. The ease was tried without a jury. The findings of fact and conclusions of law in the court below fully appear from the following extract from the opinion of the trial judge, which is set out in the record, to-wit: “From the evidence submitted at the trial, I find that neither the plaintiff nor the defendants have set out the terms of the contract of sale and purchase in the complaint or answer. The evidence shows that the contract was in writing, but that it has been lost and cannot be…
2Cases cited3 opinions
- Frink v. ThomasOregon Supreme Court · 1891
- Bohall v. DillerCalifornia Supreme Court · 1871
- Staley v. MurphyIllinois Supreme Court · 1868
3Cited by5 opinions
- James S. Jackson Co., Inc. v. MeyerWyoming Supreme Court · 1984
- South Florida Farms Co. v. HallSupreme Court of Florida · 1922
- Brixen v. JorgensenUtah Supreme Court · 1907
- Lott v. AndersonIdaho Supreme Court · 1922
- Roberts v. BraffettUtah Supreme Court · 1907