Detroit Heating & Lighting Co. v. Stevens
Utah Supreme Court
Appeal from the Second District Court, Weber County, Hon. H. H. Rolapp, Judge. Action by plaintiff to recover a balance upon a contract for the purchase price of a heater sold to defendant. The defendant denied the allegations of the complaint; denied that plaintiff performed his contract, and denied the indebtedness and by way of cross complaint alleged the violation of the contract by the plaintiff, and claimed damages for the breach and non-compliance therewith.
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Appeal from the Second District Court, Weber County, Hon. H. H. Rolapp, Judge. Action by plaintiff to recover a balance upon a contract for the purchase price of a heater sold to defendant. The defendant denied the allegations of the complaint; denied that plaintiff performed his contract, and denied the indebtedness and by way of cross complaint alleged the violation of the contract by the plaintiff, and claimed damages for the breach and non-compliance therewith. From a 'judgment for defendant plaintiff appeals. Before there can be an “election of remedies” there must, as a sine qua non, be…
1Opinion of the CourtMiner, J.
In the court below this case was tried by the court without a jury and judgment rendered in favor of the plaintiff. The case was before this court on a former appeal by the plaintiff, and the case was reversed, and a new trial ordered, 16 Utah, 177.
The plaintiff brought this action to recover a balance due upon a contract for the purchase price of a heater sold to the defendant. The defendant denied the allegations of the-complaint; denied that plaintiff performed his contract as alleged in the complaint, and denied the indebtedness claimed. In his cross complaint the defendant alleged the…
2Cases cited23 opinions
- Robb v. VosSupreme Court of the United States · 1894
- Morris v. . RexfordNew York Court of Appeals · 1859
- Thompson v. HowardMichigan Supreme Court · 1875
- Rodermund v. . ClarkNew York Court of Appeals · 1871
- Strong v. . StrongNew York Court of Appeals · 1886
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3Cited by3 opinions
- Estate Counseling Service, Inc., a Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, a CorporationCourt of Appeals for the Tenth Circuit · 1962
- Sleeper v. KillionSupreme Court of Iowa · 1917
- Morgan v. Hidden Splendor Mining Co.District Court, D. Utah · 1957