Hamaker v. Middaugh

Falloon, District Judge.

This is an action at law brought by the plaintiff, who is the appellant here, to recover upon two promissory notes given by the' defendant, appellee, as part payment of the purchase price of land. The defendant in his answer and cross-petition admitted the execution of the two notes, denied any consideration therefor, alleged fraud and misrepresentation, prayed for a rescission of the sale contract, judgment for the cash payment, reconveyance of the Colorado land from plaintiff taken on exchange, or accounting therefor, cancelation of the notes, and damages. The case…