Gammon v. Bunnell
Utah Supreme Court
Appeal from the Fourth District Court Utah County. Hon. J. E. Booth, Judge. Action by plaintiff to compel specific performance of a contract in relation to real estate entered into by defendant’s decedent. A demurrer was interposed in the lower court upon the ground that the complaint did not state facts' sufficient to constitute a cause of action.
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Appeal from the Fourth District Court Utah County. Hon. J. E. Booth, Judge. Action by plaintiff to compel specific performance of a contract in relation to real estate entered into by defendant’s decedent. A demurrer was interposed in the lower court upon the ground that the complaint did not state facts' sufficient to constitute a cause of action. Said demurrer was sustained and plaintiff electing to rely upon his complaint judgment of dismissal was entered and plaintiff appealed. We contend that the' depositary of an escrow is the agent of both parties, and the contract when so made and…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
The only question for determination in this case is whether the complaint states a cause of action.
Sec. 3935 R. S. 1898, provides that: “When a person who is bound by contract in writing to convey any real estate, dies before making the conveyance, and in all cases when such decedent, if living, might be compelled to make such conveyance, the court may make a decree authorizing and directing his executor or administrator to convey such real estate to the person entitled thereto.”
It appears that a legal contract was made to convey the land in question to the plaintiff,…
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