Legal Opinion

Johnston v. Schenck

Utah Supreme Court

Decided October 8, 1897No. 823PublishedCited by 7 opinions

Appeal from tbe Third district court, Salt Lake county. Ogden Hiles, Judge. Action by Janies Johnston against Jeremiah Schenck and H. H. Rea on a written contract. From a judgment for plaintiff, defendants appeal. Cited: Wordon v. Dodge et al., 2 M. R. 116; Jameson v. Blowers, 5 Barb. 692; Haytoood v. Shreve, 5 Vroom 104; Richards v. Schlegemich, 3 M. R. 79; Goff v. Fountaine, 3 Rand. 487; Rice v. Dwight Mfg.

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Appeal from tbe Third district court, Salt Lake county. Ogden Hiles, Judge. Action by Janies Johnston against Jeremiah Schenck and H. H. Rea on a written contract. From a judgment for plaintiff, defendants appeal. Cited: Wordon v. Dodge et al., 2 M. R. 116; Jameson v. Blowers, 5 Barb. 692; Haytoood v. Shreve, 5 Vroom 104; Richards v. Schlegemich, 3 M. R. 79; Goff v. Fountaine, 3 Rand. 487; Rice v. Dwight Mfg. Go., 2 Oush. 80; Gray v. Ciarle, 11 Yt. 583; Benjamin v. McConnell, 4 Gilm. 536; Randall v. Scott et al., 110 Cal. 590; Hawley y. Branogin, 33 Oal. 394; Thompson v. McKay, 41 Cal. 221;…

1Opinion of the Court

Zane, C. J.:

This is an appeal by the defendants from a judgment of the district court rendered on January 4, 1897, for $2,591. The suit was brought upon a written contract in the following terms: “Salt Lake City, Utah, J une 29, 1891. We, the undersigned, Jeremiah Schenck and H. !L Rea, have this day received from James Johnston, of Salt Lake City, Utah, the sum of two thousand dollars, in cash. We own eleven-sixteenths of the Dalton and Lark lode mining claims, situated in West Mountain mining district, Salt Lake county, Utah. If within one year from and after June 15th, 1891, we, or either…

2Cases cited4 opinions

  1. Nunez v. DautelSupreme Court of the United States · 1874
  2. Crooker v. HolmesSupreme Judicial Court of Maine · 1875
  3. Page v. CookMassachusetts Supreme Judicial Court · 1895
  4. Smithers v. JunkerU.S. Circuit Court for the Northern District of Illnois · 1889

3Cited by7 opinions

  1. Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913
  2. McIntyre v. Ajax Mining Co.Utah Supreme Court · 1899
  3. Pritchard v. McLeodCourt of Appeals for the Ninth Circuit · 1913
  4. Busby v. Century Gold Mining Co.Utah Supreme Court · 1904
  5. Teachenor v. TibbalsUtah Supreme Court · 1906

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