Gill v. Hecht
Utah Supreme Court
Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action by J. D. Gill against Charles Hecht on a contract for the exchange of realty.
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Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action by J. D. Gill against Charles Hecht on a contract for the exchange of realty. On motion for new trial the failure of the defendant to make formally any assignment or specification of error was called, upon the' argument, to the attention of the court, who thereupon disregarded the statement, denied the defendant the privilege of amendment, and overruled the motion for a new trial. Defendant appeals. In Loucks v. Edmonson, 18 Cal. 204, the decision in Valentine v. Stewa/rt was…
1Opinion of the Court
Miner, J.:
This action was brought by the respondent to recover from the appellant a commission upon an alleged contract between the parties, wherein it is alleged that appellant agreed to pay respondent $1,000 in the event that respondent could effect a certain trade and exchange of real estate belonging to the appellant in Colorado, for certain lands in the city of Ogden, Utah. The exchange was perfected, and upon refusal of appellant to pay the commission, this action was brought. The case was tried before a jury, and recovery had for the contract price and interest.
Upon the argument of the…
2Cases cited3 opinions
- Barstow v. NewmanCalifornia Supreme Court · 1867
- Richardson v. KierCalifornia Supreme Court · 1869
- Green v. KilleyCalifornia Supreme Court · 1869