Legal Opinion

Marvin v. Stimpson

Supreme Court of Colorado

Decided September 15, 1896PublishedCited by 5 opinions

Appeal from the District Court of Pueblo County. This is a suit in equity instituted by Norman R. Barnard against the widow and heirs at law of George B. Stimpson,deceased, for the rescission of a certain contract entered into by the plaintiff and said Stimpson.

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Appeal from the District Court of Pueblo County. This is a suit in equity instituted by Norman R. Barnard against the widow and heirs at law of George B. Stimpson,deceased, for the rescission of a certain contract entered into by the plaintiff and said Stimpson. The complaint, in substance, avers that from the 17th day of July, 1866, to the 15th day of December, 1890, the plaintiff and George B. Stimpson were copartners, and as such owned in equal parts certain described real and personal property, the legal title to which stood in the name of Stimpson; that on the 15th day of December, 1890,…

1Opinion of the CourtJustice Goddard

The foregoing statement sufficiently presents the material averments of the complaint upon which appellant predicates his right to the relief asked; his contention being that the deed referred to in the stipulation was never delivered to the grantee, George B. Stimpson, so as to become an operative transfer to him of Barnard’s interest in the property, and that the written contract entered into on the 15th day of December, 1890, is executory, and subject to rescission at any time for the nonperformance of its covenants by Stimpson or his *179representatives ; it being, as we understand, conceded…

2Cases cited4 opinions

  1. Gould v. DaySupreme Court of the United States · 1877
  2. Fain v. SmithOregon Supreme Court · 1886
  3. Brown v. BrownSupreme Judicial Court of Maine · 1876
  4. Flint v. PhippsOregon Supreme Court · 1888

3Cited by5 opinions

  1. Childers v. BairdSupreme Court of Colorado · 1915
  2. Farrell v. WysongCourt of Appeals for the Eighth Circuit · 1917
  3. McGowan v. LockwoodSupreme Court of Colorado · 1918
  4. Rowley v. BowyerNew Jersey Court of Chancery · 1908
  5. Doss v. DossSupreme Court of Colorado · 1925

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