Francis v. Wells
Supreme Court of Colorado
Appeal from District Court, Clear Creek County. The bill was exhibited against Gasper S. Francis, George McFarland, George Way, Erskine McClellan and Chas. R. Fish. If the statement of the case in the opinion of the court is regarded as insufficient, the allegations of the bill will be found fully set forth in the dissenting opinion. The bill was filed September 8, 1873, and an injunction was issued restraining Way from conveying to Francis.
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Appeal from District Court, Clear Creek County. The bill was exhibited against Gasper S. Francis, George McFarland, George Way, Erskine McClellan and Chas. R. Fish. If the statement of the case in the opinion of the court is regarded as insufficient, the allegations of the bill will be found fully set forth in the dissenting opinion. The bill was filed September 8, 1873, and an injunction was issued restraining Way from conveying to Francis. Afterward complainant consented that the deed should be delivered, reserving the right to enforce a lien against the premises. The court decreed that…
1Opinion of the CourtBrazee, J.
Appellee exhibited his bill in the district court of Clear Creek county, against appellant and others, to enforce a vendor’s lien. He charges that one George Way, being the owner of certain realty, employed and empowered him to make a sale thereof, and authorized him to retain all that he should receive over and above a certain sum for his services ; that he accordingly made sale of the premises to the Franklin Silver Mining Company, for a sum exceeding the amount specified by Way by $750, payable in one year from the date of sale; that afterward, and before the money fell due, the Franklin…
2Cases cited1 opinion
- Oliver v. Board of SupervisorsIllinois Supreme Court · 1872
3Cited by13 opinions
- Moss v. SperrySupreme Court of Florida · 1939
- Zeiser v. . CohnNew York Court of Appeals · 1913
- Olsen v. KidmanUtah Supreme Court · 1951
- Bray v. BookerNorth Dakota Supreme Court · 1897
- Soden v. MurphySupreme Court of Colorado · 1908
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