Easton v. Thatcher
Utah Supreme Court
Appeal from a judgment of dismissal of the district ■court of the first district. The opinion states the facts. Where the description is so definite that the purchaser knows exactly what he is buying and the seller knows what he is selling, and the property is so described that the court can, with the aid of parol or other extrinsic ■evidence, apply the description to the exact property intended to be sold, it is sufficient. Martindale on Conveyancing, § 5, p. 8; 1 Green.
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Appeal from a judgment of dismissal of the district ■court of the first district. The opinion states the facts. Where the description is so definite that the purchaser knows exactly what he is buying and the seller knows what he is selling, and the property is so described that the court can, with the aid of parol or other extrinsic ■evidence, apply the description to the exact property intended to be sold, it is sufficient. Martindale on Conveyancing, § 5, p. 8; 1 Green. Ev. §§ 286-7-8 (14th ed.); Browne on Statute of Frauds, § 385; Wood on Statute ■of Frauds, § 353, p. 680; Hollis v.…
1Opinion of the Court
ZaNE, C. J.:
The plaintiff instituted this action in the district court to enforce the specific performance of an alleged contract in the words and figures following:
“LogaN, Utah, Feb. 8th, 1890.
“Received of J. M. Easton the sum of $10.00, as an ■option on the one-half interest of Hyrum Thatcher, of Logan City, in horses and ranch, etc., for the space of sixty days; the sum agreed upon being two thousand dollars cash down, and a balance of fifteen hundred dollars in two years; in all, $3,500. In case of failure of J. M. Easton to finish contract, he to forfeit the option.
“IIYRUM THATCHER.
“J.…
2Cases cited2 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Scanlan v. GeddesMassachusetts Supreme Judicial Court · 1873
3Cited by5 opinions
- Cummings v. NielsonUtah Supreme Court · 1912
- Broadway Hospital & Sanitarium v. DeckerWashington Supreme Court · 1907
- Johnson v. JonesUtah Supreme Court · 1946
- Hackford v. SnowUtah Supreme Court · 1982
- Hackford v. SnowUtah Supreme Court · 1982