Mathews v. Berrett
Utah Supreme Court
Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by Butb P. Mlatbews against Hiehard T. Berrett and tbe Nice Creek Irrigation Company. Judgment for defendants. Plaintiff appeals. appelxanNs points. If the particular thing contracted for is desired, or if the party desiring it or the other circumstances of the case, are such that money damages would not be an adequate compensation for its loss, equity will decree its delivery to him.
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Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by Butb P. Mlatbews against Hiehard T. Berrett and tbe Nice Creek Irrigation Company. Judgment for defendants. Plaintiff appeals. appelxanNs points. If the particular thing contracted for is desired, or if the party desiring it or the other circumstances of the case, are such that money damages would not be an adequate compensation for its loss, equity will decree its delivery to him. (4 Pomeroy [3 Ed.], sec. 1402; 26 Am. and Eng. Ency. Law 104; Treasurer v. Mining Go., 23 Cal. 391; Sen-ter v. Davis, 38 Cal. 451.)…
1Opinion of the CourtMcCARTY, J.
(after stating the facts as above).
Tbe contention first made by appellant on this appeal is that tbe court’s fourth finding of fact is not only unsupported’ by, but is contrary to, tbe evidence. This assignment of error involves tbe following propositions: (1) "Was tbe contract in question assigned or transferred to appellant ? (2) Has appellant tbe legal title to a sufficient amount of water in North Ogden Irrigation Company to enable her to perform and comply with tbe terms and' conditions of tbe contract? (3) Is she able, ready, and willing to perform all of tbe conditions of tbe contract…
2Cases cited1 opinion
- Montgomery v. BerrettUtah Supreme Court · 1912