Culley v. Culley

Utah Supreme Court

Decided July 27, 1965

Utah Supreme Court · decided 1965-07-27

Relies on 12 Utah 2d 388 - Tangren v. Ingalls · Holt v. Bayles · 12 Utah 2d 384 - Braegger v. Loveland

Good law ✅— No negative treatment on recordhow we know

Decided 1965-07-27

How this case has been cited

Cited by 14 later decisions — most recently June 1995

14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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CALLISTER, Justice

¶1(dissenting).

¶2I dissent, adhering to my concurrence with the views expressed by Chief Justice Henriod’s dissent in Tangren v. Ingalls1 and Braegger v. Loveland.2 Aside from its correct application of contract law and principles of equity, the case of Holt v. Bayles 3a (overruled by Tangren) enunciated a rule which produced consistency and promoted predictability.4a

¶3. 12 Utah 2d 388, 367 P.2d 179 (1961).

¶4. 12 Utah 2d 384, 367 P.2d 177 (1961).

¶5. 85 Utah 364, 39 P.2d 715 (1934).

¶6. 8 Utah L.R. 66. The Tangren rule has had just the opposite effect. See Braegger v. Loveland, supra; Haywood v. Gill, 16 Utah 2d 299, 400 P.2d 16 (1965); and the instant case. It is interesting to note that the Holt rule of conclusive presumption has been codified as to savings and loan institutions. 7-13-39, U.C.A.1953 (Supp.1961).