Rice v. Bush
Supreme Court of Colorado
Error to District Court of Arwpalioe County. This was an action to compel the specific performance of a contract to convey real estate. John T. Rice was plaintiff below; the defendants were "William H. Bush, Willard Teller and Mary D’Arcy.
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Error to District Court of Arwpalioe County. This was an action to compel the specific performance of a contract to convey real estate. John T. Rice was plaintiff below; the defendants were "William H. Bush, Willard Teller and Mary D’Arcy. The complaint alleges that Bush and Teller were the equitable owners of the property; that the legal title stood in the name of Teller; that Bush had full power and authority to sell the same for such price and upon such terms as he pleased; and that in pursuance of such authority said Bush, claiming to act in his own behalf and for said Teller, and with…
1Opinion of the CourtJustice Elliott
The action of the district court in sustaining the motions of the several defendants for judgment upon the pleadings is the only matter assigned for error. In passing upon a motion by one party for judgment upon the pleadings, after issue joined, all the material allegations of the opposite party must be taken as true; and if the pleadings of the opposite party, though defective in form, are neverthe*489less sufficient in substance to sustain a judgment in his favor, the motion should not be granted. In general, a motion for judgment upon the pleadings cannot properly be granted except in cases…
2Cases cited6 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Grafton v. CummingsSupreme Court of the United States · 1879
- California Ins. v. GraceySupreme Court of Colorado · 1890
- Williams v. Uncompahgre Canal Co.Supreme Court of Colorado · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Mills v. HartSupreme Court of Colorado · 1898
- Jackson Realty Co. v. YeatmanSupreme Court of Alabama · 1929
- Harris v. HarrisColorado Court of Appeals · 1897
- Richards v. StewartSupreme Court of Colorado · 1912
- Iba v. Central Ass'n of WyomingWyoming Supreme Court · 1895
23 more not listed; retrieve them via the Exa API.