Walker v. Bamberger
Utah Supreme Court
Appeal from district court, Salt Lake county) Ogden Hiles, Judge. Action by Walker Brothers against Simon Bamberger, W. S. Fugate, and another. From the decree rendered, defendants Bamberger and Fugate appeal. The contract claimed by Walker, Jr., is within the statute of frauds, and is void because in parol. Grimes v. Van Vechten, 20 Mich. 410,- Hindman v, Lincoln, 124 U. S. 55) Allard v. Grezart, 61 N. Y. 1; Shindler v. Houston, 1 N. Y. 261; s. c. 42 Am.
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Appeal from district court, Salt Lake county) Ogden Hiles, Judge. Action by Walker Brothers against Simon Bamberger, W. S. Fugate, and another. From the decree rendered, defendants Bamberger and Fugate appeal. The contract claimed by Walker, Jr., is within the statute of frauds, and is void because in parol. Grimes v. Van Vechten, 20 Mich. 410,- Hindman v, Lincoln, 124 U. S. 55) Allard v. Grezart, 61 N. Y. 1; Shindler v. Houston, 1 N. Y. 261; s. c. 42 Am. Dec. note 316; 1 Benjamin on Sales, sec. 187; Marsh v. Rouch, 44 N. Y. 643-7; Rummick v. Sanford, 120 Mass. 316; Boldey v. Barker, 2 B. &…
1Opinion of the Court
ZaNE, O. J.:
It appears from this record that J. C. Conklin and five others were on October 26, 1896, the several owners of *244stock in the Omaha Gold-Mining Company, aggregating 179,300 shares, and on that day they entered into an agreement with defendant Fugate whereby they gave him the option to purchase the same at any time on or prior to November 28, 1896, by paying 3.65 cents per share at Walker Bros.’ Bank, — the amount due the respective owners to be credited according to an agreement with Fu-gate; and in pursuance of their agreement they placed the same with the bank, with directions to…
2Cases cited2 opinions
- Litz v. GooslingCourt of Appeals of Kentucky · 1892
- Bradford v. FosterTennessee Supreme Court · 1888
3Cited by7 opinions
- Coulter & Smith, Ltd. v. RussellUtah Supreme Court · 1998
- Security Trust & Savings Bank v. CarlsenCalifornia Supreme Court · 1928
- Ellis v. National Exchange BankCourt of Appeals of Texas · 1905
- Jensen v. AndersonUtah Supreme Court · 1970
- Kirby-Carpenter Co. v. BurnettCourt of Appeals for the Fifth Circuit · 1906
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