Boulder & Beaver Placer Co. v. Maxwell
Supreme Court of Colorado
Appeal from the District Court of Boulder County. Osr December 26, 1889, the defendants gave to W. R. Frisbie an option to buy for $12,000, 1120 acres of land in Boulder and Gilpin counties, Colorado, which was supposed to contain valuable deposits of gold ore susceptible of extraction by placer mining.
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Appeal from the District Court of Boulder County. Osr December 26, 1889, the defendants gave to W. R. Frisbie an option to buy for $12,000, 1120 acres of land in Boulder and Gilpin counties, Colorado, which was supposed to contain valuable deposits of gold ore susceptible of extraction by placer mining. The payments were to be made as follows: $2,500 on or before January 1, 1890; $1,500 on or before July 1,1890; $2,000 on or before January 1,1891; $3,000 on or before July 1, 1891; $3,000 on or before January 1, 1892. These payments were to draw interest at the rate of ten per cent per annum…
1Opinion of the CourtJustice Campbell
The propositions upon which appellant relies are as follows : It concedes that unless the forfeiture clause has been waived by agreement of the parties to that effect, or lost by the conduct of the defendants amounting to an equitable estoppel, the appellees, upon the giving of due notice, may still enforce it. The claim, however, is made by appellant that when it succeeded to the rights of Frisbie, the appellees virtually agreed that they would not insist upon their right of forfeiture; and there is also the claim made that, in consideration of the expenditure by the appellant of money in…
2Cited by3 opinions
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