Consolidated Wagon & Machine Co. v. Barben
Utah Supreme Court
Appeal from District Court, Fifth District; Hon. Joshua Greenwood, Judge. Action by the Consolidated Wagon & Machine Company, a corporation, against Fred Barben and others, partners. Judgment for defendants. Plaintiff appeals. appellant’s points. Where the parties themselves stipulate what the result of a breach of a particular contract shall be, the courts will enforce the stipulation.
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Appeal from District Court, Fifth District; Hon. Joshua Greenwood, Judge. Action by the Consolidated Wagon & Machine Company, a corporation, against Fred Barben and others, partners. Judgment for defendants. Plaintiff appeals. appellant’s points. Where the parties themselves stipulate what the result of a breach of a particular contract shall be, the courts will enforce the stipulation. (Foxley v. Rich, 35 Ut. 162, 179; King v. Towsley, 64 Iowa 75, 19 N. W. 859.) In the case at bar the defendants cannot defend on the ground that the machinery did not fulfill the warranty unless they allege…
1Opinion of the CourtFrick, J.
The plaintiff, a Utah corporation, brought this action to recover the sum of $1,000 upon a contract of sale entered into between it and the defendants. The $1,000 was originally payable in three installments, as follows: $334 on December 1, 1912; $333 on December 1, 1913, and $333 December 1, 1914. The action was commenced December 1, 1913.. It was, however, alleged in the complaint:
‘ ‘ That by the terms of said contract if any payment -provided for therein is not made at the time provided for, the whole of said $1,000 shall then and there become due. ’ ’
It was further alleged that the…
2Cases cited13 opinions
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- J. I. Case Threshing MacHine Co. v. E. B. Hall & Keating Implement Co.Court of Appeals of Texas · 1903
- Rowell v. OlesonSupreme Court of Minnesota · 1884
- Wilson v. Nichols & Shepherd Co.Court of Appeals of Kentucky · 1906
- Beasley, Hallett & Co. v. Huyett & Smith Mfg. Co.Supreme Court of Georgia · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kansas City Wholesale Grocery Co. v. Weber Packing Corp.Utah Supreme Court · 1937
- Advance-Rumely Thresher Co., Inc. v. StohlUtah Supreme Court · 1929
- Austin Co. v. Tillman Co.Oregon Supreme Court · 1922
- Troendly v. J. I. Case Co.Idaho Supreme Court · 1932
- Consolidated Wagon & Machine Co. v. WrightUtah Supreme Court · 1920
2 more not listed; retrieve them via the Exa API.