Tyng v. Constant-Loraine Inv. Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. F. C. Loofbourow, Judge. Action by Charles Tyng against the Constant-Loraine Investment Company. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. Notice of facts and circumstances sufficient to put a purchaser of land upon inquiry, is notice of all the facts that an honest and diligent inquiry would disclose.
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Appeal from District Court, Third District; Hon. F. C. Loofbourow, Judge. Action by Charles Tyng against the Constant-Loraine Investment Company. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. Notice of facts and circumstances sufficient to put a purchaser of land upon inquiry, is notice of all the facts that an honest and diligent inquiry would disclose. (Simmons Goal Go. v. Doran, 142 U. S. 438; Paxton v. Brown, 61 Fed. 883.) An officer, such as a president, secretary, manager, etc., has no inherent power by virtue of his office, to contract for his company. (Kansas Go. v.…
1Opinion of the CourtStraup, C. J.
The substance of the complaint is, that the defendant, a resident corporation of California doing a real estate business, was, subject to a $20,000 mortgage, "the record owner, as appeared from the plat books and other records in the office of the county recorder of Salt Lake County, Utah,” of particularly described real property, a lot 55x165 feet, on the west side of State Street, in the City of Salt Lake; that the defendant, on the 9th of September, 1907, gave the Equity Investment Company, a Utah corporation doing a real estate business in Salt Lake City,, an option to purchase the…
2Cases cited3 opinions
- Idaho Forwarding Co. v. Fireman's Fund InsuranceUtah Supreme Court · 1892
- Meyers v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1909
- Tyng v. Constant-Loraine Investment Co.Utah Supreme Court · 1910
3Cited by5 opinions
- Preston v. LambUtah Supreme Court · 1968
- Cache Valley Banking Co. v. Logan Lodge No. 1453, B. P. O. E.Utah Supreme Court · 1936
- B. T. Moran, Inc. v. First Security Corp.Utah Supreme Court · 1933
- Van Leeuwen v. HuffakerUtah Supreme Court · 1931
- Tyng v. Constant-Loraine Inv. Co.Utah Supreme Court · 1917