Standard Steam Laundry v. Dole

• Decision Date: 17 November 1899
• Citation: 20 Utah 469,58 P. 1109
• Court: Utah Supreme Court
• Parties: STANDARD STEAM LAUNDRY, A CORPORATION, APPELLANT v. C. A. DOLE, RESPONDENT

58 P. 1109

20 Utah 469

STANDARD STEAM LAUNDRY, A CORPORATION, APPELLANT v. C. A. DOLE, RESPONDENT

Supreme Court of Utah

November 17, 1899

Appeal from the Third District, Salt Lake County, Hon. Ogden Hiles Judge.

Action by the successor in interest of a mortgagor to compel an accounting and disclosure of profits from the purchaser of the mortgaged premises at the foreclosure sale made to satisfy said mortgage and for redemption of the premises therefrom.

From a judgment and order for an accounting and that upon settlement of the account between the parties upon payment of the balance due, plaintiff may redeem, plaintiff appealed.

Appeal dismissed.

O. A Woolley, Esq., and N. V. Jones, Esq., for appellant.

Messrs King, Burton & King, for respondent.

OPINION

Per Curiam.

This is an action brought by the successor in interest of a mortgagor, to compel an accounting and disclosure of profits from the purchaser of the mortgaged premises, at the foreclosure sale made to satisfy said mortgage, and for redemption of the premises therefrom.Upon the hearing when counsel for the respondent offered evidence to show the amounts paid out by him, etc., the court announced that it would not make an accounting at that time, but would determine first whether there should be an accounting, and having determined that there should be, then the case would be referred to some one to make it, but the question of repairs and taxes would be left.At the close of the hearing the court found, among other things, that there should be an accounting between the parties, and decided that "an account be had between plaintiff and defendant.That defendant be allowed a lien on the machinery described in paragraph nine of the complaint for money paid by him on the notes which were given by Orson A. Wooley and E. T. Wooley in payment for the purchase price of said machinery and also $ 63.06 for taxes thereon until 1898; that in said account the defendant be charged $ 64.00 per month for the rent of the premises and laundry machinery described in the pleadings from February 28th, 1898.Upon settlement of account between the parties and the payment of any balance which may be due defendant, plaintiff may redeem from the mortgage sale mentioned in the proceedings," and on that basis ordered and decreed that a judgment be entered in favor of the plaintiff, that an accounting be had between the parties, and on motion of plaintiff's attorney a lien was ordered upon the property in favor of the defendant for money paid, and provided therein what sums should be allowed for rent and taxes, and that upon a settlement of the amount between the parties, and the payment of the balance due, the plaintiff may redeem from the mortgage sale.

From this order and judgment as made, plaintiff appeals to this court.

Respondent moves to dismiss the appeal on the ground that the judgment is not a final one, but simply interlocutory, and that before the contention of the parties can be made final, an accounting must be had under the order of the court and referee made to determine the amounts to be paid.

We are of the opinion that the motion should be granted.The rights of the parties were not determined by the order made.The questions involved in the case were not decided or the trial finally concluded.The bill was filed by the plaintiff and appellant to obtain an accounting, as well as for a redemption from the mortgage sale.An accounting is found necessary in the conclusions and...