Brigham Young Trust Co. v. Wagener
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. S. A. Merritt, Judge. Action by tbe Brigham Young Trust Company against Henry "Wagener for rent. From a judgment for plaintiff, und from an order overruling bis motion for a new’ trial, defendant appeals. This case turns upon the doctrine of equitable estoppel or estoppel in pais arising from conduct and from election.
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Appeal from the District Court of the Third Judicial District. Hon. S. A. Merritt, Judge. Action by tbe Brigham Young Trust Company against Henry "Wagener for rent. From a judgment for plaintiff, und from an order overruling bis motion for a new’ trial, defendant appeals. This case turns upon the doctrine of equitable estoppel or estoppel in pais arising from conduct and from election. On the 1st day of May,' 1892, defendant was in default in the payment of rent in the sum of $480. On the 9th day of May he tendered that amount, which paid the rent up to June 1, 1892. The agent of the company…
1Opinion of the Court
SMITH, J.:
This was an action to recover rent. Tbe defendant held under a written lease. There was a verdict for plaintiff, and, defendant having moved for a new trial, his motion was overruled, and he appeals. Some seventeen assignments of eri'or are made in this court. It is not necessary to pass upon these seriatim. The complaint alleged the making of a written lease of certain premises in Salt Lake City to Wilcken and Turnbow. The lease itself was made an exhibit. The rental was $60 per month. It then alleged that defendant had become the assignee of the lease at some time prior to…
2Cases cited2 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Branson v. WirthSupreme Court of the United States · 1873
3Cited by9 opinions
- Holt v. HoltSupreme Court of Oklahoma · 1909
- Cottrell v. PickeringUtah Supreme Court · 1907
- Centennial Eureka Mining Co. v. Juab CountyUtah Supreme Court · 1900
- Brigham Young Trust Co. v. WagenerUtah Supreme Court · 1896
- Kenny v. McKenzieSouth Dakota Supreme Court · 1909
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