Godding v. Decker
Colorado Court of Appeals
Error to the District Court of Prowers County. In January, 1888, John E. Godding, plaintiff in error, brought suit against James W. Decker on two promissory notes. The first was dated June 28, 1887, for $700, due sixty days after date at the bank of Lamar, and signed by Decker, Descent and Godding. According to the pleadings and proof this note was substituted for one dated March 8, 1887, due three months after date, for the same sum signed by Decker and Descent.
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Error to the District Court of Prowers County. In January, 1888, John E. Godding, plaintiff in error, brought suit against James W. Decker on two promissory notes. The first was dated June 28, 1887, for $700, due sixty days after date at the bank of Lamar, and signed by Decker, Descent and Godding. According to the pleadings and proof this note was substituted for one dated March 8, 1887, due three months after date, for the same sum signed by Decker and Descent. This latter note was not paid at maturity, and the one sued on was given to take up and protect the unpaid paper. These facts are…
1Opinion of the CourtBissell, J.
In many particulars the contract under consideration was executory. It had not been concluded by the transfer of title, and the balance of the consideration was to antedate in its payment the delivery of the deeds. It therefore follows that Decker and Descent are not brought within the scope of the principle which obligates them to resort to the covenants in the deed for their remedy, but they are entitled to set up a want of consideration, and the defects in the title, if any, when sued for the purchase price. Their right to insist upon a marketable title is equally clear. It is now almost…
2Cases cited12 opinions
- Deffeback v. HawkeSupreme Court of the United States · 1885
- Cornelius v. KesselSupreme Court of the United States · 1888
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Myers v. CroftSupreme Court of the United States · 1872
- Simmons v. WagnerSupreme Court of the United States · 1880
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3Cited by9 opinions
- C. G. Joyce, Jr. v. Edward Mike DavisCourt of Appeals for the Tenth Circuit · 1976
- German Insurance Co. of Freeport v. HaydenSupreme Court of Colorado · 1895
- Fidelity Finance Co. v. GroffSupreme Court of Colorado · 1951
- Ross v. SmileyColorado Court of Appeals · 1902
- Commonwealth Petroleum Co. v. BillingsColorado Court of Appeals · 1987
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