Tuft v. Brotherson

TURNER, Justice.

The defendant above named appeals from an adverse judgment for damages. The case was tried to the District Court of Sanpete County, Utah, sitting without a jury, on May 19, 1943. Findings of fact, conclusions of law and judgment in favor of plaintiff were filed November 18, 1943.

The facts are simple. The trial court, having heard the evidence, found that on August 20, 1941, plaintiff and defendant, at Gunnison, Utah, entered into an agreement for the sale by plaintiff to defendant of a certain threshing machine which then was owned by H. L. Coats and was in the possession of…