Deseret Evening News | 1909-12-11 | Page 2 | Court News

I COURT NEWS JUDGMENT IS REVERSED Realty Firma Finn Exceeded E Authority In InSell Sell Selling In z Property Walter G Tuttle S B Tuttle and amid M 20 II S Yoo I e doing business as a Tuttle Bros exceeded their authority In selling a house and lot at 64 Sixth avenue to Joseph H 11 Roberts Roberta and ant his wife and were held liable on the tile contract time the entered Into with wih Roberts Robert according to an opinion handed down yesterday In the tho court COUlt by b Justice W IV Y M 31 l McCarty and concurred In by b his hiE associates locates A now new trial was granted to Roberts and his hll wife on the rulings laid down In the opinion which gives them Judgment against Tuttle Tattle Bros Eros for tor the tho amount of or money they paid al on the contract and interest and costs of ot the action MUon The Tho property properly was owned by b Mrs Isabel L Denny of or Beaver Utah Stab and she gave tho the Tuttle Bros Bro tho the power to sell sel the property under certain conditions Tho The real estate c tato company coman entered Into a ert and his wife to sell el the tho property for 2600 in on Feb 13 1905 1005 Tho contract did not agree witS with the rights that Mrs Denny Denn had given tho the thor thereal real r l estate company In disposing of the property Mrs penny flied filed fod suit stilt against Roberts and his Ills wife each and an ejected them thorn from the premises They havo have paid pad 61 on the house hOUR and lot spent in Improvements and Mrs Denny was v awarded as rent for the premises When this Judgment was a entered Roberts Hobert began suit sui against Tuttle Bros to recover on the contract The Tho lower court refused to allow alow certain certin testimony to bo be Introduced In tho tile case cuse and a Judgment was Wf rendered In favor of Tuttle Bros An appeal was taken and the Judgment of ot tho lower court was reversed and a new trial granted