Benjamin v. Mattler
Colorado Court of Appeals
jError to the District Court of Arapahoe County. Defendants in error, John Mattler, W. L. Beardsley, William W. Watson and W. C. Mead, partners doing business as real estate agents in the city of Denver, made the following memorandum or contract in writing, and delivered it to the plaintiff in error: “ Denver, Colo., Oct. 28,188 . “ Received of Darius R. Benjamin the sum of two hundred dollars as part payment for the following described real estate, to-wit: Lots one (1), and…
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jError to the District Court of Arapahoe County. Defendants in error, John Mattler, W. L. Beardsley, William W. Watson and W. C. Mead, partners doing business as real estate agents in the city of Denver, made the following memorandum or contract in writing, and delivered it to the plaintiff in error: “ Denver, Colo., Oct. 28,188 . “ Received of Darius R. Benjamin the sum of two hundred dollars as part payment for the following described real estate, to-wit: Lots one (1), and two (2) in block twenty-one (21), Hartman’s Addition to the City of Denver. The entire price to be paid for said above…
1Opinion of the CourtReed, J.
The suit was brought to recover damages alleged to have *231been sustained by the plaintiff by the wrongful acts of the defendants. It is in the nature of an action on the case at common law for deceit. The nature of the action is plain and unmistakable. The allegation in the complaint is, “the defendants willfully and falsely represented to the plaintiff, that they, the defendants, were the agents of the owner of the following land, * * * and that as such agents, the defendants had lawful authority to sell and make contracts of the sale of the said lots of land to the plaintiff at and for the…
Also in this document: Concurrence.
2Cases cited5 opinions
- Hall v. . LauderdaleNew York Court of Appeals · 1871
- Chicago Dock Co. v. KinzieIllinois Supreme Court · 1868
- Auter v. MillerSupreme Court of Iowa · 1865
- Rickards v. CunninghamNebraska Supreme Court · 1880
- McCoy v. WilliamsIllinois Supreme Court · 1844
3Cited by2 opinions
- Expansion Gold Mining & Leasing Co. v. CampbellSupreme Court of Colorado · 1917
- Flora v. HoeftSupreme Court of Colorado · 1922