Martineau v. Hanson
Utah Supreme Court
Appeal from District Court, First District; Hon. C. IF. Morse, Judge. Action by L. R. Martineau against Soren Hanson. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. It may be shown by parol that at the time a note was made it was agreed that it should be held for nothing, on the happening of a certain event or on the non-fulfillment of a certain condition.
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Appeal from District Court, First District; Hon. C. IF. Morse, Judge. Action by L. R. Martineau against Soren Hanson. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. It may be shown by parol that at the time a note was made it was agreed that it should be held for nothing, on the happening of a certain event or on the non-fulfillment of a certain condition. Where such event operates as a failure for consideration there seems to be no conflict in the authorities. Under the circumstances of this case the happening of the event, namely, the payment of the Fifty-five Hundred…
1Opinion of the CourtFrick, J.
The plaintiff sued the defendant to recover judgment upon *553a promissory note made by the defendant to the plaintiff for the sum of $1,750. The defendant answered plaintiff’s complaint, admitting the execution and delivery of the note sued on. He, however, pleaded several defenses to the note, which are to the effect that prior to the execution thereof defendant had employed the plaintiff as agenit to sell certain lands owned by the defendant, and that for his services or commission for procuring a purchaser for said lands plaintiff was to receive all that he could obtain in excess of the sum…
2Cases cited15 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Hill v. HallMassachusetts Supreme Judicial Court · 1906
- Hodge v. SmithWisconsin Supreme Court · 1907
- McFarland v. SikesSupreme Court of Connecticut · 1886
- Kalley v. . BakerNew York Court of Appeals · 1892
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3Cited by17 opinions
- Morrison v. PerryUtah Supreme Court · 1943
- Startin v. MadsenUtah Supreme Court · 1951
- Barton v. Farmers' State BankTexas Commission of Appeals · 1925
- Miller v. Southern Pac. Co.Utah Supreme Court · 1933
- Stockyards Nat. Bank of South Omaha v. BraggUtah Supreme Court · 1925
12 more not listed; retrieve them via the Exa API.