Savings Society v. Welch
Colorado Court of Appeals
Appeal from the, District Court of Arapahoe County. A demurrer was overruled to a complaint which set up generally that the Savings Society was a corporation under the laws of Colorado, and that it executed a promise in these terms: “ The Savings Society promises to pay at its office in the city of Denver, to Cleland 1ST. Welch of Denver, Colorado, one thousand (1,000.00) dollars, eight years after the date hereof, together with the surplus to be then awarded hereon by the…
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Appeal from the, District Court of Arapahoe County. A demurrer was overruled to a complaint which set up generally that the Savings Society was a corporation under the laws of Colorado, and that it executed a promise in these terms: “ The Savings Society promises to pay at its office in the city of Denver, to Cleland 1ST. Welch of Denver, Colorado, one thousand (1,000.00) dollars, eight years after the date hereof, together with the surplus to be then awarded hereon by the society. The stipulations and agreements upon the back of this certificate are declared by this society and agreed by all…
1Opinion of the CourtBissell, J.
The legal question presented is a novel one and the labors of counsel have resulted in the discovery of no case which is on all fours with this, nor have we with considerable labor been able to find any adjudication which fits the issue and determines it. The appellant has argued the case somewhat on the theory that where one party to a contract which requires performance of divers acts on his part, fails in any particular, he may not bring suit on the contract and recover where he alone is responsible for the breach. This is generally true, and if the plaintiff had received any consideration…
2Cases cited6 opinions
- Miller v. SteenCalifornia Supreme Court · 1866
- Dogge v. Northwestern National InsuranceWisconsin Supreme Court · 1880
- Preston v. WhitneyMichigan Supreme Court · 1871
- Mellen v. . the Hamilton Fire Insurance CompanyNew York Court of Appeals · 1858
- Latham v. SumnerIllinois Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Medical Arts Building v. ErvinSupreme Court of Colorado · 1953