Legal Opinion · Dissent

Fowler v. Taylor

Utah Supreme Court

Decided August 16, 1976No. 14399Published

1DissentCrockett, Justice

The judgment of $9,715.25 was awarded to the plaintiff under the theory of implied Contract, representing one half of the net income of broker’s commission during the period defendant used plaintiff’s broker’s license. Implied contract arises, as the term imports, where there is no actual oral or written agreement, but where the conduct of the parties makes it reasonable to suppose that the promisor (defendant) reasonably should have expected to pay, and *210the claimed promisee (plaintiff) could reasonably expect to be paid.1 Where, as here, the evidence with respect to the just stated…

2Cases cited5 opinions

  1. McCollum v. ClothierUtah Supreme Court · 1952
  2. Ross v. RaymerWashington Supreme Court · 1948
  3. Hardy v. HendricksonUtah Supreme Court · 1972
  4. Western Oil Refining Co. v. UnderwoodIndiana Court of Appeals · 1925
  5. WOODS v. McQueenSupreme Court of Kansas · 1965

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