Garr v. Cranney
Utah Supreme Court
Appeal from the First. District Court, Cache County.— Hon. Charles H. Hart, Judge. Action to recover a certain sum alleged to be due upon an implied contract for the furnishing of certain goods and also for certain services rendered by plaintiff to defendant’s intestate. Erom a judgment in favor of the plaintiff, the defendant appealed.
Read the full summary
Appeal from the First. District Court, Cache County.— Hon. Charles H. Hart, Judge. Action to recover a certain sum alleged to be due upon an implied contract for the furnishing of certain goods and also for certain services rendered by plaintiff to defendant’s intestate. Erom a judgment in favor of the plaintiff, the defendant appealed. It is a fundamental and generally recognized principle of pleading and practice that where the action is brought on the common count for work and labor, evidence of an express contract, is inadmissible. “Where there has been a special contract as to both the…
1Opinion of the Court
ROLAPP,
District Judge, after stating the facts, delivered the opinion of the court..
The errors assigned upon this appeal are (1) the admission of certain evidence; (2) the refusal of.the court to give the requested instructions; and (3) the insufficiency of the evidence to justify the verdict.
We shall first consider the alleged errors relating to the admission of evidence:
Upon the trial, one Hyrum Hulse, a witness for plaintiff, upon his direct examination testified, among other things, that the deceased, after making the statement to plaintiff 1 that “he would pay her for all she had ever…
2Cases cited5 opinions
- Hertzog v. HertzogSupreme Court of Pennsylvania · 1857
- State v. ColeSupreme Court of Iowa · 1883
- Lower v. FranksIndiana Supreme Court · 1888
- Cole v. DucheneauUtah Supreme Court · 1896
- Slater v. CraganUtah Supreme Court · 1891
3Cited by4 opinions
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Bryan v. Northwest Beverages, Inc.North Dakota Supreme Court · 1939
- Graham v. Ogden Union Ry. & Depot Co.Utah Supreme Court · 1931
- Bryant v. Bingham Stage LineUtah Supreme Court · 1922