WASATCH MINES COMPANY v. Hopkinson

I am in accord with that part of the main opinion which affirms the trial court’s denial of the defendant’s counterclaim due to the vague and uncertain character of the evidence purporting to show a conveyance of an interest in land to the defendant. But I am compelled to disagree with that portion of the opinion which reverses the lower court and permits the plaintiff to recover on an eleven-year-old contract concerning the removal of soil for the purposes of commercial sale.

There is a dilemma which must be confronted and dealt with here: either (1) the soil was removed under what was in…