Field v. Small
Supreme Court of Colorado
Appeal from District Court of Pueblo County. Action for the specific performance of a contract. The contract is evidenced by the following written instrument: “Pueblo, Colo., Jan. 6,1887. “ Received of C. H. Small, agent, fifty ($50.00) dollars, being a payment on block 43, Pueblo, Colorado, corner of High and River streets. Terms of purchase being two thousand ($2,000.00) cash, assume mortgage of Dr. McDonaid ($2,500), balance $5,000, to be paid in two years at 8 per cent.
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Appeal from District Court of Pueblo County. Action for the specific performance of a contract. The contract is evidenced by the following written instrument: “Pueblo, Colo., Jan. 6,1887. “ Received of C. H. Small, agent, fifty ($50.00) dollars, being a payment on block 43, Pueblo, Colorado, corner of High and River streets. Terms of purchase being two thousand ($2,000.00) cash, assume mortgage of Dr. McDonaid ($2,500), balance $5,000, to be paid in two years at 8 per cent. These terms to be fully carried out by said C. H. Small, agent, within sixty days, or- sale to be void. If said terms…
1Opinion of the CourtChief Justice Hayt
Considerable testimony was elicited upon the trial in the district court. This testimony was introduced-largely upon the question of actual fraud in the procuration of the original memorandum from Mr. Field. The testimony from the defendant going to show that at the time of the transaction and for some time prior and subsequent thereto, Mr. Field had been in a state of gross intoxication, utterly unfit tq transact business of any kind. The plaintiff, while admitting his intoxication to a certain degree, endeavored to show that at intervals he was capable of transacting business, and that at…
2Cases cited1 opinion
- Speer v. CraigSupreme Court of Colorado · 1891
3Cited by6 opinions
- Springer v. City Bank & Trust Co.Supreme Court of Colorado · 1915
- Servant v. McCampbellSupreme Court of Colorado · 1909
- Downing Investment Co. v. CoolidgeSupreme Court of Colorado · 1909
- Hauck v. LillickCourt of Appeals of Kentucky (pre-1976) · 1934
- Hale v. GoodellSupreme Court of Colorado · 1910
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