Legal Opinion

Malone v. McCullough

Supreme Court of Colorado

Decided September 15, 1890PublishedCited by 3 opinions

Appeal from Superior Cowrt of Dervoer. ' The appellant, Mrs. Mary C. Malone, filed her bill against, the defendant, George McCullough, and sought the reformation and specific enforcement of the following agreement : “ Denver, Colorado, March 3, 1886. Deceived $200 of Mary C. Malone as part payment of $16,000 for lots 1, 2, 3 and 4, block 241, East Denver; balance of $15,800 to be paid on delivery of warranty deed, to be clear and unincumbered.

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Appeal from Superior Cowrt of Dervoer. ' The appellant, Mrs. Mary C. Malone, filed her bill against, the defendant, George McCullough, and sought the reformation and specific enforcement of the following agreement : “ Denver, Colorado, March 3, 1886. Deceived $200 of Mary C. Malone as part payment of $16,000 for lots 1, 2, 3 and 4, block 241, East Denver; balance of $15,800 to be paid on delivery of warranty deed, to be clear and unincumbered. If the title to same is not furnished, the $200 is to be refunded. George McCullough. By Darrow & Howard, Agents.” The execution of this paper was…

1Opinion of the Court

Bissell, C.

Most of the difficulties which usually embarrass actions brought to enforce the specific performance of contracts are without the limits of this controversy. Whether the court below exercised a proper judicial discretion according to the rule laid down by the best authorities, or whether the power was broad enough to cover all the *464conditions expressed in the contract, need not be adjudicated.

The agreement is in writing, upon apparently ample consideration. It bears the signature of the defendant by procuration. Whether the defendant can be held evidently depends on the authority of…

2Cases cited2 opinions

  1. Duffy v. HobsonCalifornia Supreme Court · 1870
  2. Lauer v. BandowWisconsin Supreme Court · 1878

3Cited by3 opinions

  1. Johnson v. LennoxSupreme Court of Colorado · 1913
  2. Springer v. City Bank & Trust Co.Supreme Court of Colorado · 1915
  3. Winch v. EdmundsSupreme Court of Colorado · 1905

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