Walsh v. Hastings
Supreme Court of Colorado
Appeal from the District Court of .Las Animas County. The plaintiff, Alonzo Hastings, in his complaint alleges: That between-the first day of March, 1888, and the first day of January, 1889, the plaintiff, at the special instance and request of the defendants, performed labor and services, as broker and agent of defendants, in negotiating the sale of certain coal lands, “ the property of said defendants,” situate in the county of Las Animas and state of Colorado. . It is…
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Appeal from the District Court of .Las Animas County. The plaintiff, Alonzo Hastings, in his complaint alleges: That between-the first day of March, 1888, and the first day of January, 1889, the plaintiff, at the special instance and request of the defendants, performed labor and services, as broker and agent of defendants, in negotiating the sale of certain coal lands, “ the property of said defendants,” situate in the county of Las Animas and state of Colorado. . It is further alleged that the services so rendered were worth the sum of $2,500, and that no part of said sum has been paid. The…
1Opinion of the Court
Chiee Justice Hayt
delivered the opinion of the court.
There are three assignments of error relied upon to procure a reversal of the judgment of the court below.
1. The. first is predicated upon the action of the district court in overruling defendants’ motion for a nonsuit, based upon the ground of a material variance between the allegations in the complaint and the evidence introduced in support of the same by plaintiff. The variance relied upon grows out of the allegation to the effect that the coal lands *246with reference to which the services of plaintiff were rendered are alleged to have been…
2Cases cited2 opinions
- Levy v. SpencerSupreme Court of Colorado · 1893
- Hallack v. HinckleySupreme Court of Colorado · 1893
3Cited by2 opinions
- Gaston, Williams & Wigmore of Canada, Ltd. v. WarnerCourt of Appeals for the Second Circuit · 1921
- Clay, Robinson & Co. v. MartinezSupreme Court of Colorado · 1923