McDonald v. Wirt
Supreme Court of Colorado
Appeal from the District Court of El Paso County. Eon. Louis W. Cunningham, Judge. Action by A. D. McDonald, administrator, against W. O. Wirt, J. M. Roseberry, John J. Maehl, and R. L. Jones. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtJustice Maxwell
In Farris v. Wirt, 16 Colo. App. 1, the court of appeals decided that this- was a proceeding to enforce a trust, wherein the plaintiff sought to compel specific performance of a contract against the defendants as trustees. A statement of the issues involved herein will he found there reported, making it unnecessary to re-state them here. After the remittitur was received by the district court, the death of the plaintiff was suggested and the present appellant, as administrator of his estate, was substituted.
Upon the second trial it was stipulated that the testimony and evidence taken on the…
2Cases cited2 opinions
- Rittmaster v. BrisbaneSupreme Court of Colorado · 1894
- Farris v. WirtColorado Court of Appeals · 1901
3Cited by1 opinion
- County of Ouray v. County of San JuanSupreme Court of Colorado · 1920