Legal Opinion

Randolph v. Helps

Supreme Court of Colorado

Decided December 15, 1885PublishedCited by 17 opinions

Error to District Court of Botdder County. The complaint alleges that on October 6, 1881, William Stimson was the owner in fee of southwest quarter section 21, township 1 south, range JO west, in the county of Boulder, Colorado; that on said day he leased the same to the defendants for the purpose of mining for coal, and defendants took possession of the same; that by the terms of the lease it was provided that if said Stimson should sell the leased premises during the term…

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Error to District Court of Botdder County. The complaint alleges that on October 6, 1881, William Stimson was the owner in fee of southwest quarter section 21, township 1 south, range JO west, in the county of Boulder, Colorado; that on said day he leased the same to the defendants for the purpose of mining for coal, and defendants took possession of the same; that by the terms of the lease it was provided that if said Stimson should sell the leased premises during the term of the lease, the said Stimson should pay to the defendants the value of all improvements placed upon said premises, and…

1Opinion of the CourtElbert, J.

The complaint alleges “that by the terms of the lease it was provided that, if Stimson should sell the leased premises during the term of the lease, the said Stimson should pay to the defendants the value of all improvements placed upon the premises, and that the defendants should deliver up the premises to Stimson, or his vendee, and that the term of the lease should then terminate.” The only provision of the lease pertaining to this issue is as follows:

“ And it is further stipulated and agreed by the second party that if the first party should sell or dispose of his interest in said…

2Cited by17 opinions

  1. First National Bank v. ShankSupreme Court of Colorado · 1912
  2. Regan v. Customcraft Homes, Inc.Supreme Court of Colorado · 1970
  3. Fox v. Denargo Land Co.Supreme Court of Colorado · 1906
  4. Nesmith v. MartinSupreme Court of Colorado · 1904
  5. Rock River Investment Co. v. Mountain Finance Corp.Supreme Court of Colorado · 1934

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