Legal Opinion

Brixen v. Jorgensen

Utah Supreme Court

Decided December 4, 1907No. 1856PublishedCited by 2 opinions

Appeal from District Court, Salt Lake County; 0. W. Morse, Judge. Action by Johannab Brixen ■ against Elsa Jorgenson and another. From a judgment for plaintiff, defendants appeal.

1Opinion of the CourtFrion, J.

The subject-matter of this action has been before this court in another form as appears from 28 Utah 295, 78 Pac. 674, 107 Am. St. Rep. 720. The action then was one of ejectment by this plaintiff against these defendants, and was based upon the theory that the contract upon which, thin suit is based had been violated by the defendants, SO' that the plaintiff might rescind it, and be repossessed of the land and water right— the subject-matter of the contract. This right was denied to the plaintiff by this court, and she now sues to recover the unpaid purchase price, and, in default of payment…

2Cases cited10 opinions

  1. Crary v. . SmithNew York Court of Appeals · 1848
  2. Brown v. EatonSupreme Court of Minnesota · 1875
  3. Freeson v. . BissellNew York Court of Appeals · 1875
  4. Rhine v. EllenCalifornia Supreme Court · 1868
  5. Morris v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1874

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3Cited by2 opinions

  1. Westminster Investment Co. v. McCurtainUtah Supreme Court · 1911
  2. Afton Live Stock Co. v. PetersonUtah Supreme Court · 1923

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