Groome v. Ogden City Corp.
Utah Supreme Court
Appeal from the district court of, the fourth judicial district, Hon. James A. Miner, Judge. Action by F. 0. Groome against Ogden City for damages for breach of contract. Judgment for defendant and plaintiff appeals.
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Appeal from the district court of, the fourth judicial district, Hon. James A. Miner, Judge. Action by F. 0. Groome against Ogden City for damages for breach of contract. Judgment for defendant and plaintiff appeals. Evidence of language used by the parties during the negotiations explanatory and not contradictory of the language used in the contract is admissible. 1 Green on Ev. note 2, p’. 329, note 2; 8 Wall. 1; 5 New York, 28) 15 Ill. 423; 100 Mass. 63; 87 Ind. 1; 78 New York, 74. The words “ lease and demise” used in the lease means 'warranty of title or the right of the lessee to let…
1Opinion of the Court
Bartoh, J.:
This is an action to recover damages for breach of con*56tract. The court entered judgment in favor of the defendant, and, a motion for a new trial having been overruled, the plaintiff appealed, assigning various errors. It appears from the record that on the 30th day of July, 1892, the‘plaintiff was operating a tannery in the city of Ogden, and on the same day entered into a contract, by the terms of which the defendant demised to him a certain tract of land for a stipulated term. That portion of the contract which is material to the decisión of this case reads as follows: “That the…
2Cases cited7 opinions
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- Hutchings v. CastleCalifornia Supreme Court · 1874
- Burr v. . StentonNew York Court of Appeals · 1871
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- Johnson v. WalterSupreme Court of Iowa · 1882
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