Salt Lake Tribune | 1910-01-04 | Page 14 | Supreme Court Sends Land Case Back for New Trial

SUPREME COURT SENDS LAND CASE BACK FOR NEW TRIAL The. supreme court. Monday handed down an opinion in the case of Martha K. Miller against the Mount Nebo Land and Irrigation company and others. The Liisc came from the district court :l Provo. In the lower court the findings find-ings were that, cash payments nnd consideration con-sideration for labor notwithstanding. Mrs. Miller still owed the Irrigation company $t;oo on n land deal. The figures contained con-tained in the findings, calculated in one way. showed that the company had received re-ceived more than was due it. The principle prin-ciple of "the net of God" was also taken Into account' when the question was considered con-sidered of the fjillure of the Irrigation company to supply tho quantity of "water "wa-ter specified In the contract. The lower court held that this damage dam-age to Mrs. Miller was due to "the act of God." The supieme court does not agree with this, ami sends the case back for a new trial.