American Publishing Co. v. Fisher
Utah Supreme Court
Appeal from the district court of the third judicial district, Hon. Charles S. Zane, Judge. Action by the American Publishing Company against A. Fisher and Aaron Keyser, copartners under the firm name of A. Fisher Brewing Company. From a judgment for the defendants’, plaintiff appeals. ■ The circumstances alleged must, if proved, necessarily and at all events, constitute fraud.
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Appeal from the district court of the third judicial district, Hon. Charles S. Zane, Judge. Action by the American Publishing Company against A. Fisher and Aaron Keyser, copartners under the firm name of A. Fisher Brewing Company. From a judgment for the defendants’, plaintiff appeals. ■ The circumstances alleged must, if proved, necessarily and at all events, constitute fraud. The case must not he left to mere interference. 1 Bigelow on Frauds, 114. It must be shown in what the fraud consists and how it has been effected. 8 Am. & Eng. Ency. of Law, 653; Estep v. Armstrong, 11 P. B. 132; Id.…
1Opinion of the Court
Smith, J.:
This is an action by the plaintiff to recover of defendants 120,844.75, claimed to be due upon a written contract, which is set out in the complaint, and is in words and figures as follows:
“March 28, 1890. A. Fisher Brewing Company, Salt Lake City, Utah — Gentlemen: Will submit sketch for your trade-mark, with sketch for your bottle labels, also-submitting finished proofs of plates, and will furnish you with one and one-half (1£ million)' million labels in the course of a year after the proofs have been made, in black ■ and bronze, with trade-mark inserted, at fifty-five cents.…
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