Lonergan v. Buford

by David Josiah Brewer

United States Supreme Court

148 U.S. 581

Lonergan  v.  Buford

At law. Action in the district court of Salt Lake county, Utah, by Marcus B. Buford, John W. Taylor, and George Crocker, copartners under the firm name of the Promontory Stock Ranch Company, against Simon J. Lonergan and William Burke, to recover for breach of a contract of sale. Verdict and judgment were given for plaintiffs, and the judgment was affirmed by the supreme court of the territory of Utah. 22 Pac. Rep. 164. Defendants bring error. Affirmed.

Statement by Mr. Justice BREWER: On December 10, 1886, the defendants in error commenced suit in the district court of the county of Salt Lake, Utah T., to recover from the defendants, now plaintiffs in error, the sum of $14,110, for breach of a contract of sale. Defendants appeared and answered. A trial was had before a jury, and on November 14, 1888, a verdict was returned in favor of the plaintiffs for $6,631.63, upon which verdict judgment was duly entered. An appeal was taken to the supreme court of the territory, by which court the judgment was affirmed, and from that court the case has been brought here on error. The allegation in the complaint was that on July 17, 1886, the parties entered into a contract, of which the parts material to the questions presented are as follows:

'This agreement, made this seventeenth day of July, A. D. 1886, by and between Simon Lonergan and William Burke, of the city of Salt Lake, territory of Utah, parties of the first part, and the Promontory Stock Ranch Company, a partnership composed of M. B. Buford, J. W. Taylor, and George Crocker, all of the state of California, parties of the second part, witnesseth:

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