73 P. 639 | Utah | 1903
after stating the facts, delivered the opinion of the court.
Counsel for defendants (cross-appellants) contend that plaintiff, under the facts as disclosed by the record, is not entitled to recover the purchase or contract
There are other errors alleged by cross-appellants, but as they are entirely without merit, it is unnecessary to.review or discuss them.
The written notices mailed to plaintiff by defendants, forbidding plaintiff to ship any more goods, and the testimony of defendants’ refusal to receive the
The court instructed the jury as follows; “(4) In an action for breach of an executory contract (that is, a contract where there has been no delivery,
The court, over plaintiff’s objections, admitted evidence of certain oral statements and promises made by plaintiff’s agent to defendants just prior to and
The ease is reversed, with directions to the trial court to grant a new trial, and permit the parties, if they so desire, to amend their pleadings; the costs of this appeal to be taxed against defendants (cross-appellants)..