Johnson v. Cummings

The appellees were plaintiffs below. Their original complaint alleged that they, together with the defendant, Johnson, and one J. H. Spohr, were the owners of the Lowell mining claim, in Cripple Creek mining district, El Paso county; that the defendants collusively, and for the purpose of cheating and defrauding the plaintiffs, represented to the plaintiffs that they could procure a purchaser for the claim at the price of $46,000, and no more, whereas, at the time of making the representation, one W. S. Stratton had agreed with them to pay $50,000, for the property; that the plaintiffs…