Show ANOTHER OPINION Carter vs Salt Lake Building Loan Association Judtre Hiles also d livered his decision de-cision in the case of Rebecca B Carter against the Salt Lake Building and Loan association The suit was brought to redeem certain cer-tain premises and the plaintiff alleged she was induced by the reoresenta tions of the defendant company to purchase pur-chase the premises for a consideration to be paid to the owner and a certain j amount to be paid by the plaintiff to the defendant and to pay off and discharge dis-charge a trust deed which was held upon the Dremises as security for the payment of certain moneys and capital stock She alleges that believing such representations to be true she purchased pur-chased the land and made a tender to the defendant of the amount which it represented as being due and unpaid upon an Indebtedness evidenced by the mortcrace or trust deed such amount being 78003 I Judge Hiles in his decision held that the evidence showed that the representations I repre-sentations were made to Mrs Carter I substantially as she alleges and that the believed them to be true and acted I upon them and made the purchase of 3 the premises as alleged in the complaint and that she made a tender of the t amount on May 28 1S93 His honor did It 1 If rot think however that the evidence 1 showed with sufficient clearness that i i she kept the tender good by any de I I posit or sequestration of the fund from r her own use since that time and that inasmuch as she has been in possession posses-sion of the premises that the defendant is entitled to have interest upon the 78003 from May 28 1893 The defendant defend-ant is also entitled to the sum of 1786 paid as taxes upon the property for the year 1893 and also 7180 Insurance Insur-ance paid on the buildings on the Gray and Ritchie premises Against these Items the decision says Mrs Carter Is entitled to have a setoff of 55 paid Ia on the Blazer mortgage S50 for five months rents which were paid defendant defend-ant bv the lessee In possession at the time of Mrs Carters purchase and j also for 9940 of installments paid by J if her to the company as the same appears JJv ap-pears upon the receipt books of the 9 L defendant in her account with it That the plaintiff should pay the amount or balance due the defendant 0 fI > r La corporation upon the foregoing statement state-ment of the account within 60 days from the entry of this decree otherwise that the trust deed should be foreclosed fore-closed and the property sold to pay defendants debt according to the prayer of Its crosscomolalnt in the action |