Oberndorfer v. Moyer
Utah Supreme Court
Appeal from District Court, Salt Lake County; S. W. Stewart, Judge. Action by Joseph Obemdorfer against George W. Moyer. From a judgment in favor of plaintiff, defendant appeals. APPELLANTS POINTS.
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Appeal from District Court, Salt Lake County; S. W. Stewart, Judge. Action by Joseph Obemdorfer against George W. Moyer. From a judgment in favor of plaintiff, defendant appeals. APPELLANTS POINTS. An account, stated in an agreement, between parties who have bad previous transactions of a monetary character, that all the items of the accounts representing such transactions’are true, and that the balance struck is correct, together with a promise, express or implied, for the payment of such balance. (1 Am. and Eng. Ency. of Law [2 Ed.], 437, and cases cited.) ■ An account stated is an…
1Opinion of the CourtMcOARTT, J.
There is a conflict in the evidence on the issues, raised by the affirmative allegations of defendant’s answer respecting the alleged false and fraudulent representations made by plaintiff to defendant to induce him to purchase Lower Mammoth mining stock and the refusal and failure of plain*331tiff to dispose of said stock a.t a time and in accordance with the alleged orders and directions given by defendant thereby causing a loss to defendant of a sum in excess of the amount sued for in this action. We deem it unnecessary to review in detail tbe evidence introduced on these issues as it would in…
2Cases cited10 opinions
- Stockton Combined Harvester & Agricultural Works v. Glens Falls Insurance Co.California Supreme Court · 1898
- Plummer v. MoldSupreme Court of Minnesota · 1875
- Wilson v. SmithCalifornia Supreme Court · 1882
- People ex rel. Dunn v. Van NessCalifornia Supreme Court · 1888
- Pearson v. Milwaukee & St. Paul R. Co.Supreme Court of Iowa · 1877
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3Cited by4 opinions
- Bennett v. Robinson's Medical Mart, Inc.Utah Supreme Court · 1966
- Federal Security Insurance Company v. Joseph L. SmithCourt of Appeals for the Tenth Circuit · 1958
- Williams v. NelsonUtah Supreme Court · 1914
- Kenyon Co. v. JohnsonSupreme Court of Minnesota · 1919