Turnbow v. Beckstead
Utah Supreme Court
Appeal from tbe Third District Court, Salt Lake County.— Son. S. W. Stewart, Judge. Action to recover the possession of fourteen hundred and thirty head of sheep, their wool and increase, or the value thereof. . Erom a judgment in favor of the plaintiff, the defendants appealed. The transactions by which the sheep were delivered to Jones were sales and not bailments.
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Appeal from tbe Third District Court, Salt Lake County.— Son. S. W. Stewart, Judge. Action to recover the possession of fourteen hundred and thirty head of sheep, their wool and increase, or the value thereof. . Erom a judgment in favor of the plaintiff, the defendants appealed. The transactions by which the sheep were delivered to Jones were sales and not bailments. "We direct especial attention to the language of all of the contracts under which Jones received sheep from these various parties. Without exception they contain a covenant obligating Jones to “keep the old stock good,” and in…
1Opinion of the CourtHart, District Judge
(after stating the facts). — The principal question involved in this appeal is whether these agreements are contracts of sale passing to Jones title to the sheep, or whether they are mere leases. As was said 1 by this court in the similar case of Woodward v. Edmunds, 20 Utah 118, 125, 126, 57 Pac. 848: “There are no words of sale in the instrument, no language whatever showing a transfer of title, or a provision to pay for the prop^ erty. Nor does the language employed indicate that it was the intenton of the parties that the transaction should be a sale of the property.” Both parties hereto…
2Cases cited4 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Woodward v. EdmundsUtah Supreme Court · 1899
- Kennedy v. Oregon Short Line Railway Co.Utah Supreme Court · 1898
- Russell & Co. v. HarknessUtah Supreme Court · 1885
3Cited by11 opinions
- Hessen v. Iowa Automobile Mutual InsuranceSupreme Court of Iowa · 1922
- Clay, Robinson & Co. v. MartinezSupreme Court of Colorado · 1923
- Mahoney v. Citizen's National BankIdaho Supreme Court · 1928
- Manti City Savings Bank v. PetersonUtah Supreme Court · 1906
- Wetzel v. Deseret Nat. BankUtah Supreme Court · 1905
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