Legal Opinion

Lombard v. Overland Ditch & Reservoir Co.

Supreme Court of Colorado

Decided September 15, 1907No. 5396; No. 3051 C. APublishedCited by 10 opinions

Appeal from the District Court of Delta County. Son. Theron Stevens, Judge. Action by George J. Lombard against The Overland Ditch & Reservoir Company. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtJustice Campbell

This is an action to recover a balance due under a written contract in accordance with whose plans and specifications plaintiff agreed to build for defendant part of an irrigating ditch. The complaint alleged that plaintiff had fully complied with all the terms and conditions of the contract which he was required to perform, and done all the work under it before action was brought.

Defendant by its answer admitted, making the contract, but denied that plaintiff had performed the covenants therein to be performed by him, and alleged that the banks of the ditch were not sloped as required by the…

2Cases cited7 opinions

  1. Spence v. . HamNew York Court of Appeals · 1900
  2. Walling v. WarrenSupreme Court of Colorado · 1874
  3. Charles v. E. F. Hallack Lumber & Manufacturing Co.Supreme Court of Colorado · 1896
  4. Cody v. RaynaudSupreme Court of Colorado · 1871
  5. Owl Canon Gypsum Co. v. FergusonColorado Court of Appeals · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Western Distributing Co. v. DiodosioSupreme Court of Colorado · 1992
  2. Little Thompson Water Association v. StrawnSupreme Court of Colorado · 1970
  3. Weed v. Idaho Copper Co.Idaho Supreme Court · 1932
  4. Morris v. HokosonaColorado Court of Appeals · 1914
  5. Solidfx, LLC v. Jeppesen Sanderson, Inc.District Court, D. Colorado · 2013

5 more not listed; retrieve them via the Exa API.

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