Rocky Mountain Stud Farm Co. v. Lunt
Utah Supreme Court
Appeal from; District Court, Second District; Hon. N. J. Harris, Judge. Action by the Rocky Mountain Stud Farm Company, a corporation, against H. H. Lunt and others. Judgment for plaintiff against some of defendants, and for some of the defendants against plaintiff. All parties appeal. STATEMENT OP PACTS. This is an appeal from a judgment rendered in the District Court of Weber County.
Read the full summary
Appeal from; District Court, Second District; Hon. N. J. Harris, Judge. Action by the Rocky Mountain Stud Farm Company, a corporation, against H. H. Lunt and others. Judgment for plaintiff against some of defendants, and for some of the defendants against plaintiff. All parties appeal. STATEMENT OP PACTS. This is an appeal from a judgment rendered in the District Court of Weber County. The action was brought to recover the sum of $2,026.69, a balance alleged to be due on the purchase price of a Clydesdale stallion known as Sir Charles Lynn. The facts are about as follows: On or about May…
1Opinion of the CourtMcCARTY, J.
(after stating the facts as above).
We know of no rule or principle of law applicable to the facs of this case upon which the judgments or either of them, can be upheld. The case was tried by plaintiff on the theory 'that the defendants and other parties owning an interest in the horse Buffet were co-partners and that the French Coach Horse Company was a partnership concern. The agreement on which the action is based was executed by the several defendants, each one acting for himself, and not in any sense acting for or representing any of the others, in the transaction; and the action was…
2Cases cited1 opinion
- Wright v. KaynorMichigan Supreme Court · 1907
3Cited by3 opinions
- Shurtz v. ThorleyUtah Supreme Court · 1936
- Garner v. AndersonUtah Supreme Court · 1926
- Wilcock v. BakerUtah Supreme Court · 1925