Salt Lake Tribune | 1910-02-11 | Page 4 | Decision Reversed By Supreme Court

DECISION REVERSED II SMEIE COURT Holds That Lower Court Erred in Judgment in Tooele Case. The supremo court handed down an opinion Thursday rovorslng the Judgment of the district court of Tooele county In the case of Catherine E. Lcvlno and Elisabeth R. Pratt, appellants, against J. W. Whltchouso, Ettlo Whltchouso and T. G. Schulto, and remanding the caso to tho lower court with Instructions to enter Judgment In favor of plaintiffs. The action was brought to compel tho specific spe-cific performance of a contract of sale of real property In Tooolo county by Whltchouso and his wife to the plaintiffs. plain-tiffs. The contract was signed by Louis. Lcvlno and Mllando Pratt, as attorneys for their wives, and the purchase price was to have boon ?2000, of which amount. $700 was paid In stock of tho Bingham West Dip Tunnel company and tho remainder re-mainder In Installments of $100 each. Tho contract was dated In 1005 nnd the plaintiffs defaulted in some of their payments, but before the period of grace expired tendered tho full amount of tho contract price, with Interest. Wbltc-house Wbltc-house had sold tho property again to Schulto and refused to give a deed to tho plaintiffs In this action. When the case was tried Whltchouso contended that tho plaintiffs defaulted In their payments and also failed to pay the taxes on tho property, as agreed. It was furthermore contended that Le-vlno Le-vlno anil Pratt had misrepresented tho value of the stock which they gave In pnrt payment for the property, and also that nelthor had any wrltton authority to sign tho names of their wives to the contract. The lower court ronderod judgment In favor of Whltchouso and his wife, and an appeal was taken to the supromo court. It Is held In tho opinion of the supreme court that tho tender made by plaintiffs was sufficient to entitle them to tho spccltlc performance of the contract con-tract and that Whltehousu was estopped from claiming fraud In regard to the stock by reason of tho fact that ho had boon a party to tho transaction and had accepted some of tho benefits under the agreement of sale. It Is held that tho lower court erred In finding In favor of defendants and tho Judgment Is reversed as stated. Jus-lice Jus-lice McCarty wrote the opinion of tho court, which Is concurred In by Chief Justlco Straup and Justice Frick. 1 : 1