Richards v. Baum
Utah Supreme Court
1DissentStewart, Associate Chief Justice
The majority rules that because plaintiffs did not post a supersedeas bond and obtain a stay of the trial court’s judgment which denied plaintiffs specific performance of a land sale contract and quieted title in defendants, defendants’ sale of the property during the pendency of the appeal has mooted the breach of contract issue. Clearly, the case is not moot if plaintiffs would have a damage remedy in lieu of specific performance on a remand if this Court were to rule that the trial ’ court erred in finding no breach of contract. However, the Court holds that if there were a reversal,…
2Cases cited23 opinions
- Westinghouse Electric Corp. v. Grand River Dam AuthoritySupreme Court of Oklahoma · 1986
- Behrens v. Raleigh Hills Hospital, Inc.Utah Supreme Court · 1983
- Cheney v. RuckerUtah Supreme Court · 1963
- Bekins Bar v. Ranch v. HuthUtah Supreme Court · 1983
- Hazzard v. Westview Golf Club, Inc.Supreme Judicial Court of Maine · 1966
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