Short & Randall v. Pierce
Utah Supreme Court
Appeal from the District Court of the Fourth Judicial District. Hon. James A. Miner, Judge. Action by Short & Eandall against Pierce & Christ-offersen to cancel and rescind certain contracts for the purchase of real estate and for other relief. From a judgment dismissing 'the action, and from an order denying the motion for a new trial, plaintiffs appeal.
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Appeal from the District Court of the Fourth Judicial District. Hon. James A. Miner, Judge. Action by Short & Eandall against Pierce & Christ-offersen to cancel and rescind certain contracts for the purchase of real estate and for other relief. From a judgment dismissing 'the action, and from an order denying the motion for a new trial, plaintiffs appeal. “ Where, therefore, in a negotiation between two parties, one of them induces the other to contract on the faith of the representations made to him, any one of which has been untrue, the whole contract is considered in this court .as having…
1Opinion of the Court
Merritt, C. J.:
This is an action brought by Temple Short and Charles F. Bandall, copartners under the firm name of Short & Bandall, against John F. Pierce and E. B. Christoffersen, “to cancel and rescind certain contracts for the purchase and sale of real estate, made by and between Temple Short and Beuben L. Short and defendants on February ■6, 1893, and Temple Short and Charles F. Bandall and defendants on May 26, 1893, on the ground of false representations made by the defendants to Temple and Beuben •Short and to plaintiffs, inducing and leading up to the purchase of real estate,…
2Cases cited8 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- De Witt v. BerrySupreme Court of the United States · 1890
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- Lehi Irrigation Co. v. MoyleUtah Supreme Court · 1886
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