Farris v. Strong
Supreme Court of Colorado
Error to the District Court of El Paso County. This is an action brought by Samuel N. Farris, plaintiff in error, against F. H. Strong and Stewart McDougal, defendants in error, to procure a rescission of a certain contract and cancellation of a deed executed in pursuance thereof, upon the ground of fraud.
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Error to the District Court of El Paso County. This is an action brought by Samuel N. Farris, plaintiff in error, against F. H. Strong and Stewart McDougal, defendants in error, to procure a rescission of a certain contract and cancellation of a deed executed in pursuance thereof, upon the ground of fraud. The complaint, in substance, avers: That in the early part of October, 1894, plaintiff had an option to purchase the City Yiew mine, located in Cripple Creek Mining district, El Paso county, Colorado, and was then negotiating, and in effect had negotiated, a sale of the same to one Baxter,…
1Opinion of the CourtJustice Goddard
delivered the option of the court.
The gravamen of the charge in this complaint is that defendant Strong falsely and deceitfully represented that he would perform the acts and things that he agreed to do, for the purpose of deceiving plaintiff, and inducing him to enter into the contract of October 12th; and that such promises and representations were fraudulent in that they were made with the intention at the time not to fulfill them. In other *110words, the theory of the case is that a promise to do a future act, if accompanied with an intention not to perform, constitutes an actionable fraud…
2Cases cited4 opinions
- Gage v. LewisIllinois Supreme Court · 1873
- Bethell v. BethellIndiana Supreme Court · 1884
- Fouty v. FoutyIndiana Supreme Court · 1870
- Long v. WoodmanSupreme Judicial Court of Maine · 1870
3Cited by11 opinions
- Church v. SwetlandCourt of Appeals for the Second Circuit · 1917
- Teare v. SussmanSupreme Court of Colorado · 1949
- People v. OrrisSupreme Court of Colorado · 1912
- Lewis v. PeopleSupreme Court of Colorado · 1946
- Hart v. ZaitzSupreme Court of Colorado · 1922
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