Bacon v. Park
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action to set aside the forfeiture of a lease and seeking certain incidental relief. From a judgment for defendants, plaintiff appeals.
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Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action to set aside the forfeiture of a lease and seeking certain incidental relief. From a judgment for defendants, plaintiff appeals. Under the circumstances (in this case) he (defendant Park) could not insist upon the forfeiture clause without full notice to all parties interested, that in future he would not tolerate delays, and that he intended again to come back to the contract, and in future to insist upon a strict compliance with it. Thropp y. Field, 26 N. J. Eq., 82 ; Palmer v. Ford, 70 Ill., 369. We…
1Opinion of the CourtBaskin, J.
This is an action to set aside the forfeiture of a lease and seeking certain incidental relief.
The controlling facts in this case are as follows: The said Hamilton G. Park being the owner of certain real estate in Salt Lake City, on which the Manitou Hotel is now standing, he and his wife, Agnes S. Park, on the 1st day of April, 1892, leased the same to the defendants Simondi, Thompson, and Ingersoll for the period of twenty-four years. Among other provisions of the lease it was stipulated that the lessees should pay as ground rent, monthly in advance, $187.50, keep the buildings, to be…
2Cited by3 opinions
- Kann v. KingSupreme Court of the United States · 1907
- Metropolitan Land Co. v. ManningMissouri Court of Appeals · 1903
- Cornwell v. ColburnHawaii Supreme Court · 1904