Berdell v. Bissell
Supreme Court of Colorado
Appeal from District Court of Lake County. The facts are sufficiently stated in- the opinion. The plaintiffs, appellees, had a verdict and judgment for $4,000.
1Opinion of the Court
Elbert, O. J.
There can be no question of the fact that the appellants Berdell and Witherell, defendants below, acted as the agents of the appellees in the purchase from Borden of his half interest in the New Discovery mine, nor of the law, that as agents, having taken the title to the half interest in their own names; they held the same in trust for the appellees.
Their claim to retain a sixteenth interest in the property,, and their refusal to convey to the appellees more than seven-sixteenths, were gross and flagrant violations of their duty as agents, and upon a proper bill a court of…
2Cases cited4 opinions
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- Preston v. GrantSupreme Court of Vermont · 1861
- Bull v. BullSupreme Court of Connecticut · 1876
- Potter v. DouglassSupreme Court of Connecticut · 1877
3Cited by20 opinions
- Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1915
- Sylvis v. SylvisSupreme Court of Colorado · 1888
- Continental Nat. Bank v. DolanColorado Court of Appeals · 1977
- Stanley-Thompson Liquor Co. v. Southern Colorado Mercantile Co.Supreme Court of Colorado · 1919
- Harvey v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1908
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