Legal Opinion

Knoff v. Grace

Supreme Court of Colorado

Decided April 15, 1920No. 9841PublishedCited by 18 opinions

Error to Morgan District Court, Hon. L. C. Stephenson, Judge. Application for Supersedeas.

1Opinion of the CourtJustice Denison

A demurrer to the complaint was sustained, the plaintiffs stood by the complaint and now ask for a supersedeas. Both sides ask us to determine the case now.

*528The action was by tenants to compel specific performance of an oral lease for three years beginning February 1st, 1919. The defendant, after rent had been paid for several months, refused to accept more and gave notice to quit. The plaintiffs rely on the doctrine of part performance of an oral contract to support their case.

The statutes in point are as follows: “Everycontract for the leasing for a longer period than one year * * * of any…

2Cases cited5 opinions

  1. Von Trotha v. BambergerSupreme Court of Colorado · 1890
  2. Morrison v. HerrickIllinois Supreme Court · 1889
  3. Koch v. National Union Building Ass'nIllinois Supreme Court · 1891
  4. Adcock v. LieberSupreme Court of Colorado · 1911
  5. Jenning v. MillerOregon Supreme Court · 1906

3Cited by18 opinions

  1. Nelson v. ElwaySupreme Court of Colorado · 1995
  2. L.U. Cattle Co. v. WilsonColorado Court of Appeals · 1986
  3. Ravarino v. PriceUtah Supreme Court · 1953
  4. Mestas v. MartiniSupreme Court of Colorado · 1944
  5. Fagan v. FisherSupreme Court of Colorado · 1924

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