Stimson v. Helps
Supreme Court of Colorado
Appeal from Gounty Court of Boulder County. The complaint sets out that on the 6th day of October, 1881, William Stimson leased to the defendants in error the southwest quarter of section 21, in township 1, range 70 west, in said county, for the period of four years and six months, for the purpose of mining for coal, under the conditions of said lease; that they had no knowledge of the location of the boundary lines of' said tract at the time of the leasing, and that they so…
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Appeal from Gounty Court of Boulder County. The complaint sets out that on the 6th day of October, 1881, William Stimson leased to the defendants in error the southwest quarter of section 21, in township 1, range 70 west, in said county, for the period of four years and six months, for the purpose of mining for coal, under the conditions of said lease; that they had no knowledge of the location of the boundary lines of' said tract at the time of the leasing, and that they so informed Stimson, the defendant in the case; that they requested Stimson to go with them and show them the boundary…
1Opinion of the CourtElbert, J.
The law holds a contracting party liable as for a fraud on his express representations concerning facts material to the treaty, the truth of which he assumes to know, and the truth of which is not known to the other contracting party, where the representations were false, and the other party, relying upon them, has been misled to his injury. Upon such representations so j made the contracting party to whom they are made has a right to rely, nor is there any duty of investigation cast upon him. . In such a case the law holds a pafty bound to know the truth of his representations. Bigelow,…
2Cited by14 opinions
- Guthrie & Western Railroad v. RhodesSupreme Court of Oklahoma · 1907
- Duke v. PickettSupreme Court of Colorado · 1969
- American Bonding & Trust Co. v. BurkeSupreme Court of Colorado · 1906
- Kindel v. Le BertSupreme Court of Colorado · 1897
- Lathrop v. MadduxSupreme Court of Colorado · 1914
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