Cole v. Smith
Supreme Court of Colorado
Error to the District Court of Arapahoe County. This is an action for deceit based upon false representations made by the original defendant Lyman H. Cole concerning the number of cattle owned by him, which he exchanged with the plaintiffs for real estate.
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Error to the District Court of Arapahoe County. This is an action for deceit based upon false representations made by the original defendant Lyman H. Cole concerning the number of cattle owned by him, which he exchanged with the plaintiffs for real estate. The complaint alleges that the plaintiffs, as parties of the second part, entered into a written contract with the defendant, as party of the first part, by the terms of which the latter agreed to deliver to the former, at a certain place, twenty head of saddle horses and all of the defendant’s range cattle ranging in Montrose, Gunnison,…
1Opinion of the CourtChief Justice Campbell
The fact that defendants in error have not appeared and filed a brief has imposed upon us an extra burden in making a more diligent examination of the record than otherwise would have been required.. The result of that examination and a reading of the authorities satisfy us that the judgment should be reversed.
It has been a matter of no little difficulty to select the grounds upon which to base our decision. We are constrained to say that some errors (not referred to in the opinion) were committed by the trial court which, of themselves, would require us to send the cause back for a new…
2Cases cited16 opinions
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Moller v. . TuskaNew York Court of Appeals · 1881
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Andrus v. St. Louis Smelting & Refining Co.Supreme Court of the United States · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bacon & Co. v. MoodySupreme Court of Georgia · 1903
- Federal Life Insurance v. MaxamIndiana Court of Appeals · 1917
- Caples v. MorganOregon Supreme Court · 1916
- Shuttlefield v. NeilSupreme Court of Iowa · 1914
- Wilson v. PeopleSupreme Court of Colorado · 1938
12 more not listed; retrieve them via the Exa API.