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eBook details

• Title: Sine Et Al. v. Harper
• Author : Supreme Court Of Utah
• Release Date : January 16, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

LATIMER, Justice. The principal question before us is the propriety of a judgment entered in the court below reforming a contract for the sale of real property entered into between Jerry Sine and Dora A. Sine, his wife, and Cathrine Jensen, now deceased. Other less important questions will be disposed of in the course of the opinion. The action was commenced against Cathrine Jensen while still living, but she died before trial and the present defendant was substituted as her personal representative. The lower court determined the contract as written did not express the agreement reached by the parties and entered a decree reforming the instrument. The executrix appeals from the judgment of reformation and the plaintiffs cross assign error on the admission in evidence of statements made by Mrs. Jensen after the signing of the agreement. In view of our holding on appellants contention we need not review the cross assignments of error. The parties will be designated as they appeared in the court below.

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