Glassman v. Condon
Utah Supreme Court
Appeal from the Second District Court, Weber County. —Hon. H. H. Bolapp, Judge. Action in the nature of specific performance. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OP PACTS.
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Appeal from the Second District Court, Weber County. —Hon. H. H. Bolapp, Judge. Action in the nature of specific performance. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OP PACTS. The.facts and circumstances out of which this action arose are as follows: On the 22d day of August, 1902, plaintiff was, and for several years prior thereto had been, the owner of a certain piece of real estate four rods in width by 134 feet in length, situate in Ogden City, Utah. On the date mentioned plaintiff entered into a written contract with defendant, whereby he agreed to…
1Opinion of the CourtMcCARTY, J.
1 Appellant contends that by the terms of the contract respondent was hound to furnish her with a good title, free from all incumbrances, with the exception of $250 of the $1,000 mortgage mentioned in the contract, and, having failed to do so, he is precluded from recovering in this action. On the other hand, respondent insists that, as appellant knew of the existence of the mortgage at the time the contract was signed, she is presumed to have contracted for and intended to purchase the property subject to the entire mortgage. It is an elementary principle of law that every purchaser of real…
Also in this document: Concurrence.
2Cases cited13 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Preble v. AbrahamsCalifornia Supreme Court · 1891
- Swayne v. LyonSupreme Court of Pennsylvania · 1871
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3Cited by1 opinion
- Hall v. FitzgeraldUtah Supreme Court · 1983