McLure v. Koen
Supreme Court of Colorado
Appeal from the District Court of Prowers County. On May 6,1895, Everett L. Koen filed his complaint in the district court of Prowers county, wherein he in substance avers that he is, and since the early part of the year 1890 has been, the owner, and in possession of, the following described tract of land: The northeast quarter of section 8, township 23 south, range 47 west, containing 160 acres; that this land lies adja-, cent to a certain irrigating canal known as the…
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Appeal from the District Court of Prowers County. On May 6,1895, Everett L. Koen filed his complaint in the district court of Prowers county, wherein he in substance avers that he is, and since the early part of the year 1890 has been, the owner, and in possession of, the following described tract of land: The northeast quarter of section 8, township 23 south, range 47 west, containing 160 acres; that this land lies adja-, cent to a certain irrigating canal known as the Colorado and Kansas eanal, which takes water from the Arkansas river and transmits the same to plaintiff and other consumers…
1Opinion of the CourtJustice Goddabd
The first two assignments of error challenge the sufficiency of the complaint for the reason that the agreement sought to be enforced was not alleged to be in writing, and is so indefi*287nite as to the amount of water plaintiff is entitled to thereunder as to be incapable of enforcement. These questions were sought to be raised by objecting to the introduction of any testimony. That the bar of the statute of frauds cannot be taken advantage of in this manner is too well settled to admit of discussion. Tucker v. Edwards, 7 Colo. 209; Hunt v. Hayt, 10 Colo. 278; Garbanati v. Fassbinder, 15 Colo.…
2Cases cited7 opinions
- Schilling v. RomingerSupreme Court of Colorado · 1878
- Tynon v. DespainSupreme Court of Colorado · 1896
- Hunt v. HaytSupreme Court of Colorado · 1887
- Tucker v. EdwardsSupreme Court of Colorado · 1883
- Lipscomb v. NicholsSupreme Court of Colorado · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Cree v. LewisSupreme Court of Colorado · 1910
- Arterburn v. BeardNebraska Supreme Court · 1910
- Thomas & Son Tr. Line, Inc. v. Kenyon, Inc.Colorado Court of Appeals · 1978
- Park v. ParkSupreme Court of Colorado · 1909
- Hoehne Ditch Co. v. John Flood Ditch Co.Supreme Court of Colorado · 1920
17 more not listed; retrieve them via the Exa API.