Sellar v. Clelland
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. The declaration was in case by Jas. Clelíand and Chas. M. Stebbins (appellees), as partners, against John P. Sellar and Edward F. Kellog (appellants), and Manuel Otero, Charles E. Morehead, Eugene B. Allen, David W. Powers, James B. Powers, David B. Powers, Henry L. Newman and Percival Gr. Lowe, as partners.
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Appeal from District Court, Arapahoe County. The declaration was in case by Jas. Clelíand and Chas. M. Stebbins (appellees), as partners, against John P. Sellar and Edward F. Kellog (appellants), and Manuel Otero, Charles E. Morehead, Eugene B. Allen, David W. Powers, James B. Powers, David B. Powers, Henry L. Newman and Percival Gr. Lowe, as partners. It alleged, that in the year 1869 the plaintiffs were engaged in the business of transporting freight for hire, and were possessed of a train consisting of sixty yoke of oxen and twenty freight wagons ; that the defendants were engaged in the…
1Opinion of the CourtBeleord, J.
A misrepresentation to be material must be in respect of an ascertainable fact, as distinguished from a mere matter of opinion. To be binding, it must not only be material, but it must be a determining ground of the transaction; both facts must concur, there must be false and material representations, and the party'seeking relief should have acted upon the faith and credit of such repre*543sentations. It is not, however, necessary that the representation should have been the sole cause of the transaction. It is enough that it may have constituted a material inducement.
An intention to deceive…
2Cases cited19 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Bank v. KennedySupreme Court of the United States · 1873
- Wintz v. MorrisonTexas Supreme Court · 1856
14 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Morrison v. GoodspeedSupreme Court of Colorado · 1937
- Trussell v. United Underwriters, Ltd.District Court, D. Colorado · 1964
- Northwestern Life Insurance v. MontgomerySupreme Court of Georgia · 1902
- Otis & Co. v. GrimesSupreme Court of Colorado · 1935
- Lahay v. City National BankSupreme Court of Colorado · 1890
30 more not listed; retrieve them via the Exa API.