Sutton v. Ahart

This case was once before this court, 79 Colo. 145, 244 Pac. 306. The complaint has two causes of action. The first is what would be case at common law; the second is implied assumpsit. The plaintiff’s grievance, as set forth in the first cause of action, is that the defendants perpetrated a fraud upon him in the sale of land which they did not own, and which they were unable to, and did not, convey to him, upon the payment of the purchase price of which he had advanced $2,750'. The fraudulent contract complained of is set forth in the opinion referred to. In addition to the facts there…