12 Utah 1 | Utah | 1895
This was an action to recover rent. Tbe defendant held under a written lease. There was a verdict for plaintiff, and, defendant having moved for a new trial, his motion was overruled, and he appeals. Some seventeen assignments of eri'or are made in this court. It is not necessary to pass upon these seriatim. The complaint alleged the making of a written lease of certain premises in Salt Lake City to Wilcken and Turnbow. The lease itself was made an exhibit. The rental was $60 per month. It then alleged that defendant had become the assignee of the lease at some time prior to October, 1891. It then alleged the rent to be due and in arrears from October 1, 1891, to November 1, 1892, and prayed judgment therefor, the amount being $780. The lease was for fifteen years from April, 1890. The defendant answered; admitted plaintiff’s title to the leased premises; also admitted the making and assignment of the lease; admitted he had not paid the rent for the period stated in the complaint, but denied that defendant had been in possession of the premises since September 30, 1891. The answer then alleges that on or about the 1st day of May, 1892, he tendered the plaintiff $480, being the rent up to June 1, 1892, but that plaintiff refused to accept the same, and informed defendant that the lease had been forfeited, and that plaintiff had taken possession of the demised premises; and it is further alleged that plaintiff had in fact taken possession. The defendant set up, by way of further answer, that the premises were vacant land, and that defendant intended to erect thereon certain buildings, but that, after plaintiff informed him
The court having disregarded the plea of estoppel in its charge to the jury,- and exceptions to the charge and refusals to, charge as requested by defendant on this subject having been properly saved, the question is squarely, presented whether the facts pleaded constitute an equitable estoppel against the plaintiff. As we understand the rule, matters pleaded by way of equitable estoppel must
It may be admitted, for the purpose of this case, that the representation of the plaintiff that it had re-entered and had forfeited the lease was false, and intentionally made to deceive the defendant. There is nowhere a hint in the answer that defendant was ignorant of the real facts. This is a vital matter in any plea of equitable
The only defense well pleaded was eviction in May, 1892. This defense was not proved, and, as we have said, was expressly waived in this court.- But for this defense, the plaintiff would have been entitled to judgment on the pleadings. We are therefore of opinion that the judgment of the court below should be, and it is, affirmed.