Shuler v. Allam
Supreme Court of Colorado
Error to El Paso District 'Court—Hon. Robert E. Lewis, Judge. Defendant in error, plaintiff below, brought suit against the plaintiff in, error, as defendant, to recover for the alleged breach- of a contract entered into between the parties.
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Error to El Paso District 'Court—Hon. Robert E. Lewis, Judge. Defendant in error, plaintiff below, brought suit against the plaintiff in, error, as defendant, to recover for the alleged breach- of a contract entered into between the parties. This contract recites that Shuler, the defendant, had secured certain options and leaseholds on lands in the vicinity of Eaton, N. M., supposed to contain oil, and that, for the purpose of developing the same, had entered into an agreement with Bonbright & Company, whereby he had agreed to transfer to them all his right, title and interest in and to such…
1Opinion of the CourtJustice G-abbert
The first error assigned by defendant is that the court erred in overruling his motion for judgment on the pleadings. It is suggested that this motion should have been sustained because the complaint does not state a cause of action. A motion for judgment on the pleadings cannot be converted into, or take the place of, a general demurrer.—Harris v. Harris, 9 Colo. App. 211; Mills v. Hart, 24 Colo. 505; Rice v. Mush, 16 Colo. 484; Cornett v. Smith, 15 Col. App. 53; Hoover v. Horn, ante, 288.
■Whether or not the ruling of the court, in denying defendant’s motion for judgment on the pleadings,…
2Cases cited7 opinions
- Rice v. BushSupreme Court of Colorado · 1891
- Mills v. HartSupreme Court of Colorado · 1898
- Becker v. PughSupreme Court of Colorado · 1886
- Harris v. HarrisColorado Court of Appeals · 1897
- Ross v. PurseSupreme Court of Colorado · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Eppich v. BlanchardSupreme Court of Colorado · 1914
- Miller v. HoustonColorado Court of Appeals · 1915
- Miller v. HoustonColorado Court of Appeals · 1915
- Whitehead v. JohnsonSupreme Court of Colorado · 1911
- Jackisch v. QuineSupreme Court of Colorado · 1916
2 more not listed; retrieve them via the Exa API.