Studebaker Bros. v. Anderson
Utah Supreme Court
Appeal from District Court, Third District; Hon. G. W. Morse, Judge. Action by the Stndebaker Bros. Company of Utah against William Anderson and another. Judgment for defendants. Plaintiff appeals. appellant’s points Our contention is that no warranty of condition was ever pleaded or proved by the defendants.
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Appeal from District Court, Third District; Hon. G. W. Morse, Judge. Action by the Stndebaker Bros. Company of Utah against William Anderson and another. Judgment for defendants. Plaintiff appeals. appellant’s points Our contention is that no warranty of condition was ever pleaded or proved by the defendants. The allegations of the complaint are, and the testimony of Mr. Anderson is, that the plaintiff “warranted and guaranteed the car to be as good as new and in perfect condition and fit for the use for the carrying of passengers to and from the New Grand Hotel at Salt Lake City, and in…
1Opinion of the CourtCorfman, J.
This was an action brought by the plaintiff in the district court of Salt Lake County to recover a balance due on a promissory note of the defendants given for the balance of the purchase price of an automobile. The complaint is in the usual form of an action upon a promissory note, alleging execution, delivery, and nonpayment on the part of the defendants and ownership», of the note by the plaintiff. Briefly stated, the answer denies the execution and delivery of the note for a consideration; admits nonpayment; alleges that the note was obtained from the defendants by reason of fraud and…
2Cases cited9 opinions
- White Automobile Co. v. DorseyCourt of Appeals of Maryland · 1913
- International Harvester Co. of America v. BeanCourt of Appeals of Kentucky · 1914
- Bouchet v. Oregon Motor Car Co.Oregon Supreme Court · 1915
- International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916
- Gentilli v. . StaraceNew York Court of Appeals · 1892
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3Cited by1 opinion
- Nielson v. HermansenUtah Supreme Court · 1946