K. P. Min. Co. v. Jacobson
Utah Supreme Court
Appeal from District Court, Salt Lake County; C. W.• Morse, Judge. Action by tbe K. P. Mining Company against Tony Jacobson. Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS.
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Appeal from District Court, Salt Lake County; C. W.• Morse, Judge. Action by tbe K. P. Mining Company against Tony Jacobson. Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. An option is a mere right of election and when tbe defendant bad exercised bis right of election, which was tbe election not to purchase, be bad gotten all that was granted to him in said option and by tbe said contract and having elected not to purchase under tbe option, be was thereby precluded from claiming any rights to elect to purchase said property, for tbe option is nothing more or less than tbe…
1Opinion of the CourtMcCARTY, J.
Appellant contends that the finding made by the court wherein it is held that he did not surrender his option on October 5, 1903, and that the plaintiff did not take possession of the property on the 15th day of the same month, is contrary to, and not supported by, the evidence. While there is some conflict in the evidence respecting the language used by appellant when he claims to have notified Kiesling, who was the manager of respondent company and one of the directors, that he wanted to forfeit the option he had under the contract to' purchase and surrender the property, yet, when…
2Cases cited2 opinions
- Hennessy v. MetzgerIllinois Supreme Court · 1894
- Jackson v. HuntSupreme Court of Vermont · 1904
3Cited by4 opinions
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- Jones v. Mississippi Farms Co.Mississippi Supreme Court · 1917
- Thomas v. FoulgerUtah Supreme Court · 1928
- Sedalia Mining & Mineral Co. v. SharpDistrict Court, D. Kansas · 1923