Palacios v. Brasher
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This is an action upon an undertaking given in pursuance of sections 111 and 112 of the Code of Civil Procedure to release attached property.
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Appeal from the District Court of Arapahoe County. This is an action upon an undertaking given in pursuance of sections 111 and 112 of the Code of Civil Procedure to release attached property. On the 12th day of December, 1888, appellants filed their complaint in the district court of Arapahoe county, setting forth the institution by them of an action in the county court of Arapahoe county in September, 1886, against B. P. Brasher, doing business as B. P. Brasher & Co.; the issuance of an attachment therein and the seizure thereunder by the sheriff of Arapahoe county of certain personal…
1Opinion of the CourtJustice Goddard
The only question for our determination is presented by the assignment of error, predicated upon the giving of the instruction above quoted.
Counsel for the respective parties have devoted most of their briefs and argument to the discussion of the question of the adequacy of an oral authorization to confer the power *597to fill blanks in. a sealed instrument after the same is signed and before delivery. The pertinency of this contention to this case is not readily discernible, since the instrument sued on is not a sealed instrument but is a parol contract, and of a class to which the strict and…
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