Gammon v. Bunnell
Utah Supreme Court
Appeal from the Fourth District Court Utah County. Hon. J. E. Booth, Judge. Action by plaintiff to compel specific performance of a contract in relation to real estate entered into by defendant’s decedent. A demurrer was interposed in the lower court upon the ground that the complaint did not state facts' sufficient to constitute a cause of action.
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Appeal from the Fourth District Court Utah County. Hon. J. E. Booth, Judge. Action by plaintiff to compel specific performance of a contract in relation to real estate entered into by defendant’s decedent. A demurrer was interposed in the lower court upon the ground that the complaint did not state facts' sufficient to constitute a cause of action. Said demurrer was sustained and plaintiff electing to rely upon his complaint judgment of dismissal was entered and plaintiff appealed. We contend that the' depositary of an escrow is the agent of both parties, and the contract when so made and…
1Opinion
OPINION ON REHEARING.
2Per curiam
Since the above opinion was filed the defendants have moved this court for a rehearing of the case, on the ground, among others, that this court has no power, after overruling defendants’ demurrer to the complaint, to direct the entry of a judgment for the plaintiff in the court below, but should have remanded the cause with directions to permit the defendants to file their answer to the complaint, notwithstanding they made no request of either court in that respect. We do not fully concur with the able counsel on this subject.
The record shows that the defendants’…
3Cases cited3 opinions
- Fisher v. . GouldNew York Court of Appeals · 1880
- Stewart v. FlintSupreme Court of Vermont · 1884
- McNasser v. SherrySupreme Court of Colorado · 1864