73 P. 510 | Utah | 1903
after stating the facts, delivered the opinion of the court.
Eespondent contends that, as the appellant made no motion for a new trial, he is. not entitled to a review of any of the alleged errors occurring at the trial, nor can he question the sufficiency of the evidence to support the findings of fact or judgment. Section 9, article 8, of the Constitution of this State, provides that “from
The contract under consideration expressly provides that the goods shall be paid for on delivery. The wéll-established rule is that where goods are sold,
It is ordered that the cause be reversed and remanded for a new trial; the costs of this appeal to be taxed against respondent. '