· 12/27/1984
Bentley v. Potter
Citations
- 694 P.2d 617
- 1984 Utah LEXIS 981
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- notice of termination did not effect termination of lease where notice failed to refer to any breach by the lessee or to give the required time to cure
- “one opposing the claims cannot complain if he admits the existence of the guarantee”
- “Since a purpose of the statute of frauds is to prevent fraud and perjury on the part of one claiming that another had guaranteed a debt, the one opposing the claim cannot complain if he admits the existence of the guarantee.”
- ―The statute of frauds is a defense that can be waived by a failure to plead it as an affirmative defense, admitting its existence in the pleadings, or admitting at trial the existence and all essential terms of the contract.‖ (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Stewart, Hall, Durham, Howe, Zimmerman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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