6 Utah 327 | Utah | 1890
Heber J. Grant, for himself et al., loaned to Straub $2,000, and took a trust-deed to secure the same. The
It is not necessary to go into the details of the suit of Kiesel, as we think that suit in no way determines the rights of the parties to this suit, as appellant was not a party to it. When his suit was commenced appellant had paid on the purchase money of the property to Grant something over $1,000. As to whether the agreement about the rent for six months, as stated by West, is true or not, we will not decide, for it was a controverted fact, and about it there was conflicting evidence, and the Court below found the fact to be with West. There was evidence enough to support that finding, if not a preponderance in its favor, arid the rule is the same as in reference to the finding of a jury that the appellate court will not disturb it unless it is clearly wrong. But we think that fact wholly immaterial, for the parties disagreed about it, and mutually agreed the trade was off, and the appellant took back the money that was paid and his note, and that ended the whole matter up to that time, and neither party could claim anything on account of the cancelled agreement. We have nothing to do with the question whether the decree against West in favor of Kiesel was correct or not; for, if the appellant could enforce his claim against West, he could also against Kiesel, as Keisel had notice of appellant’s rights before he paid for the property, or tendered payment, and was made a party to this suit by an amended complaint.