Peterson v. Armstrong
Utah Supreme Court
Appeal from the Second District Court, Weber County.— Hon. H. H. Rolapp, Judge. Action to recover $419 alleged to be due as the balance of tbe purchase price of certain real estate. From a judgment in favor of the defendants, the plaintiff appealed. ' The ruling of the court on the demurrer is res adjudicata only as to the legal sufficiency of the complaint.
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Appeal from the Second District Court, Weber County.— Hon. H. H. Rolapp, Judge. Action to recover $419 alleged to be due as the balance of tbe purchase price of certain real estate. From a judgment in favor of the defendants, the plaintiff appealed. ' The ruling of the court on the demurrer is res adjudicata only as to the legal sufficiency of the complaint. Neater v. Hook, 16 Iowa 23. Such a judgment is not upon the merits, within the meaning of the rule claimed by appellant. If authorities are wanting to sustain the proposition, they are found in the cases of: Gilman v. Rives, 10 Pet. 298;…
1Opinion of the CourtBartch, J.
This action was brought to recover $419, alleged to be due as the balance of the purchase price of certain real estate. It is alleged in the complaint and admitted in the several answers that on May 1, 1893, and until January 1, 1894, the defendants were partners doing business under the firm name and style of Idaho Lumber Company. It is shown in evidence that during such time the firm was engaged in 'the business of dealing in lumber, and that defendant Jones 1 was the managing partner. The record shows that there were two actions brought previous to this one to recover the same sum sued for…
2Cases cited2 opinions
- Gutheil v. GilmerUtah Supreme Court · 1901
- Cavanaugh v. SalisburyUtah Supreme Court · 1900
3Cited by2 opinions
- Luddington v. Bodenvest Ltd.Utah Supreme Court · 1993
- Luddington v. Bodenvest Ltd.Utah Supreme Court · 1993