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Lund v. Miller

Supreme Court of Utah
Dec 26, 1972
504 P.2d 1018 (Utah 1972)

Opinion

No. 12778.

December 26, 1972.

Appeal from the Third District Court, Salt Lake County, Ernest F. Baldwin, Jr., J.

Lambertus Jansen, Midvale, for defendant-appellant.

David E. Yocum, Salt Lake City, for plaintiff-respondent.


Appeal from a money judgment in a non-jury trial, for money advanced allegedly on an oral contract to aid defendant in perfecting a patent, which money was payable back with labor and material in building a carport, which project failed to materialize, the work and materials thereupon to be used to finish three basement rooms, which project also did not materialize. The judgment required the refund, less a small amount determined to be the value of part performance, and such judgment was based on vagueness of the oral contract. Affirmed with costs to plaintiff.

Defendant says the court 1) erred in determining the oral contract to be unenforceably vague, 2) that plaintiff prevented performance, and that anyway 3) the trial court's conduct prevented a fair trial. Defendant points to nothing in the record to support the first two points above, but simply says "the court made no determination as to what was indefinite." The onus is on the appellant here affirmatively to point out what was definite. Although this was not done, an examination of the record reflects evidence sufficient to support the judgment.

Lepasiotes v. Dinsdale, 121 Utah 359, 242 P.2d 297 (1952).

As to 3): The record reflects a degree of irritation and discomfort on the part of the trial judge which did not appear to be directed to anyone except, perhaps some pharmaceutical outfit whose elixir failed to live up to its insistence that its ingredients were instant death to discomfiture.

CALLISTER, C. J., and TUCKETT, and CROCKETT, JJ., concur.

ELLETT, J., concurs in the result.


Summaries of

Lund v. Miller

Supreme Court of Utah
Dec 26, 1972
504 P.2d 1018 (Utah 1972)
Case details for

Lund v. Miller

Case Details

Full title:Patsy LUND, Plaintiff and Respondent, v. Bill G. MILLER, Defendant and…

Court:Supreme Court of Utah

Date published: Dec 26, 1972

Citations

504 P.2d 1018 (Utah 1972)
29 Utah 2