O'Donnell v. Chamberlin
Supreme Court of Colorado
Appeal from the District Court of the City and Cownty of Denver. Eon. 8. L. Carpenter, Judge. Action by T. J. O’Donnell against Tbe United States Mortgage and Trust Company and tbe executors of tbe last will of Winfield Scott Stratton. From a judgment sustaining a general demurrer to tbe complaint, plaintiff appeals.
1Opinion of the Court
Mr. Jttstice Gunter
delivered • tbe opinion of tbe court:
This was an action for specific performance against Tbe United States Mortgage and Trust Com*397pany, and the executors of the last will of Winfield Scott Stratton, deceased. A general demurrer to the complaint was sustained, and as the appellant (plaintiff) stood upon her complaint, the action was dismissed; the question therefore before us is, Does the complaint state facts sufficient to constitute a cause of action1? The facts so presented, so far as pertinent to the first ground urged why the judgment below;' holding that the complaint…
2Cases cited5 opinions
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Frue v. HoughtonSupreme Court of Colorado · 1882
- Gottschalk v. SteinCourt of Appeals of Maryland · 1888
- Shockley v. DavisSupreme Court of Georgia · 1855
- Colorado Land & Water Co. v. AdamsColorado Court of Appeals · 1894
3Cited by9 opinions
- Duran v. Housing Authority of County of DenverSupreme Court of Colorado · 1988
- Stanton v. Union Oil Co.Supreme Court of Colorado · 1943
- Johnson v. JohnsonSupreme Court of Colorado · 1930
- Finnerty v. Stratton's EstateSupreme Court of Colorado · 1912
- Omaha Lumber Co. v. Co-operative Investment Co.Supreme Court of Colorado · 1913
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