Neighbor v. Pacific Realty Ass'n
Utah Supreme Court
Appeal from! District Court, Second District; Hon. J. A. Howell, Judge. Action by Elibu G. Neighbor against the Pacific Realty Association. ■ Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. The appellant had an. option on the property and had a right to buy it from Bertha A. Dailey.
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Appeal from! District Court, Second District; Hon. J. A. Howell, Judge. Action by Elibu G. Neighbor against the Pacific Realty Association. ■ Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. The appellant had an. option on the property and had a right to buy it from Bertha A. Dailey. (1 Warvelle on Yen-dors (2d Ed.), see. 237, page 292,- Robinson v. Easton, 93 Cal. 80, 28 Pae. 796.) 'And the purchaser is not bound to disclose to his grantor in buying from him or her, the fact that he had already sold the land, or the price which he obtained for it. (Saltontall v, Gordon, 33 Ala.…
1Opinion of the CourtFrick, C. J.
Respondent brought this action as assignee of one Bertha A. Dailey to recover the sum of $600 from appellant, which, it is alleged in the complaint, was received by it while acting as her agent in selling certain real estate belonging to her and for which amount appellant failed to account to her. Appellant filed its answer in which it denied the agency but *613admitted that Mrs. Dailey bad owned certain real estate and that appellant bad sold the same; averred that before said sale it bad purchased the real estate from her for a consideration agreed to by her. A trial to the court without a jury…
2Cases cited8 opinions
- Stewart v. MatherWisconsin Supreme Court · 1873
- Finnerty v. FritzSupreme Court of Colorado · 1879
- Robinson v. Easton Eldridge & Co.California Supreme Court · 1892
- Campbell v. BeardWest Virginia Supreme Court · 1905
- Rathke v. TylerSupreme Court of Iowa · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rattray v. ScudderCalifornia Supreme Court · 1946
- Martineau v. HansonUtah Supreme Court · 1916
- Holland Realty Investment Co. v. State, Department of CommerceNevada Supreme Court · 1968
- Burt v. StringfellowUtah Supreme Court · 1914
- Pittsburgh Equitable Meter Co. v. Paul C. Loeber & Co.Court of Appeals for the Seventh Circuit · 1947
7 more not listed; retrieve them via the Exa API.