Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-06-13


"a fairft the same prllcn ua tht
strength III n promissofy note fr
slUuU, with Interest ut ! rUf cent pr
month from January alil, 1893
A oRADrNG CONTRACT
In tho supreme court yulsrjay az
t,fnc1n the Oaae nf II. W. llaWley 81.
Corey B,u,heIB & Company appel
ANTS, from tile Fret dlsiric. COURT was
heard. pluintid alleged That hc aud The
Uuitudauis entered INTO contract
whereby plaintiff was 10 Do cprtnin
trading on the liue NJ thr Great
Northern railway In Moniaun. flin.
10 went 10 great expense iu pufchns.
Ing and procuring rniltond gfadirg
.uUif. otc., hHiug men and Transporting
same from Utah 10 Montana, which he
lid vt cost OF $4,000. Subsequently
the defendants violated tuUir agfe,.
munt and painful WAS reverted from
dong tho wurs. lie then began suit,
10 cging that he was damaged In the
sum NJ $4,000 by not Delay permitted
fu go thu work, anu dtmtnlUd 5000
ad itonai Tor exp nse iuouffpd while
preparing 90 perform the tamc. Upon
a hearing IN the lower court judgment
was rendered in favor OF tho plaintiff
Tor $1,000, but later he consented that
the Judgment might bp reduced TO
sigOl, and the deicndguis' motion for
a now trial WIS then overulcd, and
ihog appealed. The case was arRuel
by kimbal q Allison and George
Sutherland for the appellants and
King & Houtz for the do.rudauts,and
suhmilttd.i
APPEAL PROM A PROBATE COURT
ORDER.
Ia the matter VI the estate Of VII.
liam ID. Moulton, deceased, appeal of
Mary l.. Morton, widow. The appeal
ia this case was from un order and
Judgment rendered IN tho Hlnt district
court, appointing T., 4. Dudley al.
miniiitator VI the estate % william ID.
Moulion, deceased, on On appeal by
one George Smith from nu ottcr OF the
probate court OF Wasaicn county,
denying his petition fir a similar up,
pointment. w. A. Robertson anu
Bennett, Marshall 4 Bradley appeared
for the appellant and kins & lIout7
for the respondent. IL was submitted
on brleif.
ABOUT A CONTRACT.
George IL. Tousey ct a., appellants,
VI George A. EtLel 1t nl., appesl from
tho Third district court. The plaintiff.
alleged that they entered into cou.
tract with the defendant, whereby the
former were 90 sell certain mining
property. subsequently they pr.
cured purchasers Tor tho came, but the
defendants failed 10 conmmmR,c the
deal, and plaintiffs thon brought sui,
against tho defendants for 5000,
their services. The defendants denied
that the plaintiffs effected the sale, u.
the property was 1ntlly sold by n,
defendants 10 other parties. iil
the lower court judgment was rem
dered IN favor q the plaintiffs for the
full amount prayed for, but the defend.
ants moved FOR a new tflsl, and tue
motion was allowed. From the order
allowing the new trial tho plaintiff,
appealed. Marshall & Roy's appeared
ior tho Appellants anu PHI. Williams
aud LpOiboufow 4 Kahn for the re-
brondents. After argument the mat
ter was submitted.
GENERAL.
William Perego, appellant, VI VIII
liam IL. Dodge at al; appeal taken tC
the United States Supreme court.
Lester II. Rogers, appellant, VI Jon,
mic V. Thompson ct oil; appeal taken tC
the United States Supreme court aud
bond fixed at 500.
W. A. Byers, George w. Meyer, ~
j. Sheckell aud William Sherman
Marks admitted 10 practice.
John Stalker ct al VI Cyrus RawEOi
ct ul, nppellAhtf; stricken from the cal
endar and continued for the term.
Kansas City Hardware company VI
James Nielsen; notice Of diminutiOn d
record.
Peter Stubs vi L. II. Parsons; up
peal dismissed.