Thompson v. Avery
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. Samuel A. Merritt, Judge. Action by James Thomson against Franklin C. Avery. From a judgment for plaintiff, defendant appeals.
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Appeal from the District Court of the Third Judicial District. Hon. Samuel A. Merritt, Judge. Action by James Thomson against Franklin C. Avery. From a judgment for plaintiff, defendant appeals. It is not disputed that the note was in no event due before April 27, 1891; that Avery produced, April 13, ■•sufficient money to pay it and from that time was ready to pay it whenever Thompson cleared up the title to the property; that Thomson received, April 16, $2,561 of the ¡money and delivered the note to the bank marked paid ¡and released his mortgage, leaving in the bank $1,800. 'The only…
1Opinion of the Court
King, J.:
The complaint in this case, which was filed March 7,. 1892, declares on a promissory note for $4,000, dated February 27, 1890, due one year after date, with 8 per cent. *219interest írom date and attorney’s fees, and which contains-the following provision: “It is hereby expressly agreed and understood between the maker of this note and the-payee, James Thompson, that this note is not pajmble, in any event, until present incumbrances and defects in the title to the premises, for which this note is given in part payment of purchase money, are removed, and the title-made good and…
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