Wolff v. Helbig
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This suit was instituted in the district court by John W. Helbig against Hiram G. Wolff. There are three separate and distinct causes of action set forth in the complaint, and of these the first consists of three separate items, for which damages are claimed. As to two of these items the plaintiff suffered a nonsuit at the trial, leaving only what is termed the “ Calhoun deal ” remaining in the first cause of action.
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Appeal from the District Court of Arapahoe County. This suit was instituted in the district court by John W. Helbig against Hiram G. Wolff. There are three separate and distinct causes of action set forth in the complaint, and of these the first consists of three separate items, for which damages are claimed. As to two of these items the plaintiff suffered a nonsuit at the trial, leaving only what is termed the “ Calhoun deal ” remaining in the first cause of action. The second cause of action relates to a small advance of money, alleged to have been at the instance and request of the…
1Opinion of the CourtChief Justice Hayt
The contract provides for the sale of ten acres of land, which land was to be divided into ninety-six lots, the purchaser, Helbig, agreeing to pay therefor twenty thousand dollars. Of this amount three thousand seven hundred and fifty dollars was to be paid in cash, and for the balance notes secured upon the land were to be executed by Helbig to Wolff. This cash payment was made, and the notes were duly executed and delivered with security, as provided in the agreement.
By the terms of the contract Helbig, at his option, might sell lots and substitute the cash and notes received upon such…
2Cited by7 opinions
- Colorado Fuel & Iron Co. v. PryorSupreme Court of Colorado · 1898
- Bullock v. LewisColorado Court of Appeals · 1912
- True v. Rocky Ford Canal, Reservoir & Land Co.Supreme Court of Colorado · 1906
- Killgore v. CranmerSupreme Court of Colorado · 1906
- National Sales Corp. v. DennisSupreme Court of Colorado · 1933
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