Wheeler v. Dunn
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. This was a suit in equity instituted by Byron A. Wheeler and wife in the district court in January, 1889, against John O. Dunn and wife, for the purpose of having rescinded the sale by defendants to plaintiff Byron A. Wheeler, in May, 1888, of certain interests in mines situate in San Juan county.
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Appeal from District Court of Arapahoe County. This was a suit in equity instituted by Byron A. Wheeler and wife in the district court in January, 1889, against John O. Dunn and wife, for the purpose of having rescinded the sale by defendants to plaintiff Byron A. Wheeler, in May, 1888, of certain interests in mines situate in San Juan county. The complainant alleges fraud and misrepresentation practiced on him by defendant John O. Dunn, to induce him to make the purchase, the said defendant representing the mines to be very valuable, well knowing that they were practically of little or no…
1Opinion of the Court
Reed, C.
The object of this suit was to rescind and set aside the sale and purchase of the undivided three-eighths of the property, on the alleged ground of fraud on the part of defendants Dunn and wife in making the sale by misrepresenting the condition of the mine and its value, and by the suppression of facts alleged to have been known by defendants and unknown by plaintiffs, whereby plaintiffs were misled and deceived in regard to the value of the property, and induced to pay far more than its worth.
In order to properly determine the questions presented, it becomes necessary to find from…
Also in this document: Per curiam.
2Cases cited18 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- Moller v. . TuskaNew York Court of Appeals · 1881
- Whitney v. AllaireNew York Supreme Court · 1847
- Strong v. . StrongNew York Court of Appeals · 1886
- White v. CarpenterNew York Court of Chancery · 1830
13 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Morrison v. GoodspeedSupreme Court of Colorado · 1937
- Shoels v. KleboldCourt of Appeals for the Tenth Circuit · 2004
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- National Mutual Fire Insurance v. DuncanSupreme Court of Colorado · 1908
- Ponder v. Altura Farms Co.Supreme Court of Colorado · 1914
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