Vance v. Heath
Utah Supreme Court
Appeal from District Court, Third District; Hon. F. C. LoofbouroWj Judge. Action by George Yance and another against J. A. Heath and others. Judgment for plaintiffs. Defendants appeal. STATEMENT OP PACTS.
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Appeal from District Court, Third District; Hon. F. C. LoofbouroWj Judge. Action by George Yance and another against J. A. Heath and others. Judgment for plaintiffs. Defendants appeal. STATEMENT OP PACTS. The facts of this case are as.follows: On June 23, 1909, the defendants (hereafter referred to as Heath & Co.), who were in possession of certain real estate under a lease from the owner thereof, entered into :ai written contract with two Japanese (hereafter referred to as Ifasuya & Co.) whereby they agreed to and did' lease to Masuya & Co. a portion of the premises covered by their (Heath &…
1Opinion of the CourtMcCARTY, J.
(after stating the facts as above).
*1531 *152Respondents, Vance & Co., were permitted, over timely objections made by Heath & Co.’s counsel, to introduce oral evidence tending to show that respondents, a few days before the execution of the written contract between them and Masuya & Co., which contract is set forth in the foregoing *153statement of facts, entered into an oral contract with the same parties, Masuya & Co., whereby it was agreed that the title to the property in controversy should remain in the respondents until paid for in full. Respondents seek to defend the rulings of the -court in…
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