Ross v. Purse
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Complaint by appellants for specific performance. General demurrer thereto by appellee sustained. Judgment dismissing the suit and for costs in favor of appellee. Facts sufficiently stated in the opinion.
1Opinion of the CourtChief Justice Helm
For the purposes of the present decision all material averments of fact in the complaint are admitted by the demurrer, and must be taken as true. We shall, therefore, assume the truthfulness of the matters thus alleged and review the case now presented as if they bad been established bjr proof.
Boss, Jr., and Purse did not meet as strangers and execute the writing we are about to consider, as evidence of an ordinary contract of purchase. Boss, for a valuable consideration, duly paid, bought of one Perky, lots 10 and 11 in the block 47 mentioned, lot 10 having upon it at the time a brick…
2Cases cited3 opinions
- Barry v. CoombeSupreme Court of the United States · 1828
- Eppich v. CliffordSupreme Court of Colorado · 1883
- McLaughry v. PorterNew York Supreme Court · 1895
3Cited by13 opinions
- James H. Moore & Associates Realty, Inc. v. Arrowhead at Vail, Inc.Colorado Court of Appeals · 1994
- Shull v. SextonSupreme Court of Colorado · 1964
- Broadway Hospital & Sanitarium v. DeckerWashington Supreme Court · 1907
- Wilson v. BeatyCourt of Appeals of Texas · 1919
- Schreck v. T & C Sanderson Farms, Inc.Colorado Court of Appeals · 2001
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