I. X. L. Furniture & Carpet Installment House v. Berets
Utah Supreme Court
. .Appeal from District Court, Third District; C. W.. Morse, Judge. Specific performance suit by the I. X. L. Furniture & Carpet Installment House against Louis Berets and others. From a judgment dismissing the action, plaintiff appeals. APPELLANT'S POINTS.
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. .Appeal from District Court, Third District; C. W.. Morse, Judge. Specific performance suit by the I. X. L. Furniture & Carpet Installment House against Louis Berets and others. From a judgment dismissing the action, plaintiff appeals. APPELLANT'S POINTS. Appellant’s defense to said summary proceedings is equitable, so that the city court cannot pass upon its merits. {Fen-ny v. OMld, 2 Maulé & S. 255; Finney v. Gist, 34 Mo. 303 j Brumbaugh v. Springer, 48 W. Va. 121.) The appellant can secure relief only in an independent action, as for specific performance, and injunction as auxiliary.…
1Opinion of the CourtErick, J.
This is an equitable action for specific-performance, based upon substantially the following allegations contained in the complaint: That on the 1st day of December, 1904, the plaintiff, a corporation, appellant in this court, and the defendants, respondents here, entered into a certain contract of lease in writing, duly subscribed by the parties, whereby the respondents demised and leased certain premises, describing them, to the appellant, for the term of two years thereafter in consideration of $2,400, payable in sums of $100 per month on the first day of each and every month in advance;…
2Cases cited14 opinions
- Delashman v. BerryMichigan Supreme Court · 1870
- Tracy v. . Albany Exchange Co.New York Court of Appeals · 1852
- Thiebaud v. First National BankIndiana Supreme Court · 1873
- Renoud v. DaskamSupreme Court of Connecticut · 1868
- Shamp v. WhiteCalifornia Supreme Court · 1895
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3Cited by23 opinions
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- Norton v. McCaskillTennessee Supreme Court · 2000
- Koch v. H. & S. DEVELOPMENT CO.Mississippi Supreme Court · 1964
- McClellan v. AshleySupreme Court of Virginia · 1958
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