Montgomery v. Berrett
Utah Supreme Court
Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Aution by Nathaniel Montgomery against Diehard T. Berrett. Judgment of dismissal. Plaintiff appeals.
1Opinion of the CourtFrick, C. J.
Appellant brought this action in equity to require the respondent to specifically perform an alleged parol contract, whereby, it is alleged, appellant and respondent had agreed to exchange a certain quantity of water used for irrigation purposes on their lands. Part performance, with other equities, is relied on. Respondent denied the making of the contract, and, as -affirmative defenses, pleaded both the statute of frauds and the statute of limitations, both of which are, however, immaterial.
Upon a trial of the issues, the court, among other facts, found as follows:
“That the proofs in the…
2Cases cited1 opinion
- Price v. LloydUtah Supreme Court · 1906
3Cited by5 opinions
- Clark v. ClarkUtah Supreme Court · 1929
- Adams v. ManningUtah Supreme Court · 1915
- Trenchard Et Ux. v. ReayUtah Supreme Court · 1927
- Clark v. GeorgeUtah Supreme Court · 1951
- Mathews v. BerrettUtah Supreme Court · 1912