Legal Opinion · Dissent

Mosley v. Johnson

Utah Supreme Court

Decided April 3, 1969No. 11073Published

1DissentCrockett, Chief Justice

(dissenting) :

I cannot agree with the main opinion, the effect of which is to deprive the plaintiff of compensation for services rendered to the defendant at the latter’s request. One of the most elementary principles of justice is that where one contracts for goods or services from another he must keep his contract and pay for them.1 It is appreciated that there are some exceptions where the law does not so require. But it is so squarely contrary to basic concepts of justice to deny compensation to one who has rendered service, and to give an unearned benefit to the recipient of the service,…

2Cases cited5 opinions

  1. John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
  2. Platt v. LockeUtah Supreme Court · 1961
  3. Ross v. Producers Mutual Insurance CompanyUtah Supreme Court · 1956
  4. Butterfield v. ChaneyUtah Supreme Court · 1961
  5. Lyon v. LeetSupreme Court of Iowa · 1925

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