Legal Opinion

Westesen v. Olathe State Bank

Supreme Court of Colorado

Decided February 6, 1922No. 10,037PublishedCited by 4 opinions

Action on contract. Judgment of dismissal. Error to the District Court of Montrose County, Hon. Thomas J. Black, Judge.

1Opinion of the CourtJustice Teller

The plaintiff in error sued the defendant in error for damages for a breach of a contract by which the bank agreed to loan plaintiff money for a trip to California. A general demurrer to the complaint was sustained upon the ground that the contract was unilateral, and void for want of mutuality, there being, the court held, no obligation on the part of the plaintiff to borrow any money from the bank. Plaintiff elected to stand upon his complaint, the action was dismissed, and the cause is now here on error.

• The demurrer to the complaint was sustained upon the authority of Cold Blast Co. v.…

2Cases cited1 opinion

  1. Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902

3Cited by4 opinions

  1. Mortgage Finance, Inc. v. PodleskiSupreme Court of Colorado · 1987
  2. Westesen v. Olathe State BankSupreme Court of Colorado · 1924
  3. Westesen v. Olathe State BankSupreme Court of Colorado · 1925
  4. Scott v. BrownSupreme Court of Colorado · 1922

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