Hurlburt v. Dusenbery
Supreme Court of Colorado
Appeal from the District Court of Ouray County. The appellees and Brookover and Howard, were the owners of the Iranistan and Bobtail lode mining claims and mill-sites connected therewith.
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Appeal from the District Court of Ouray County. The appellees and Brookover and Howard, were the owners of the Iranistan and Bobtail lode mining claims and mill-sites connected therewith. On December 16, 1897, they executed a bond and lease on these claims to the appellant, which, among other things, provided for the payment of $75,000 in instalments, and the running of a crosscut tunnel, to cut the Iranistan vein, the work to be commenced not later than June 1,1888, and to be completed during the life of the bond, which would expire May 1, 1889. It was understood by the parties that…
1Opinion of the CourtJustice Goddard
1. We think the testimony of appellant, as to the contemporaneous oral agreement, was admissible. This evidence
*244was not introduced to contradict or change the written agreement, but for the purpose of showing that while it was, in form, a complete contract, yet, it was prepared to enable appellant to procure, from a prospective purchaser, the money to compensate appellees for doing work on their own property, in case the sale he was attempting to negotiate should be consummated; and that it was not to become effective or binding, as between the parties, unless he received the money from that…
2Cases cited16 opinions
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Grierson v. . MasonNew York Court of Appeals · 1875
- Colorado Mortgage & Investment Co. v. ReesSupreme Court of Colorado · 1895
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Burenheide v. WallSupreme Court of Colorado · 1955
- Reiner v. CrawfordWashington Supreme Court · 1901
- McGuire v. LuckenbachSupreme Court of Colorado · 1955
- Cosper v. HancockSupreme Court of Colorado · 1967
- Perkins v. RussellSupreme Court of Colorado · 1913
10 more not listed; retrieve them via the Exa API.