Caldwell v. Davis
Supreme Court of Colorado
Appeal from District Court, Dolores County. Appellant in his complaint alleged a copartnership between himself and defendant, formed for the purpose of buying and selling an option of the Bullion, Hidden Treasure and Cleveland mining claims; that on the 19th day of April, 1880, H. S. Rutan, Stillman P. Norton and Ebert Norton, the owners of said mining claims, made toE.
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Appeal from District Court, Dolores County. Appellant in his complaint alleged a copartnership between himself and defendant, formed for the purpose of buying and selling an option of the Bullion, Hidden Treasure and Cleveland mining claims; that on the 19th day of April, 1880, H. S. Rutan, Stillman P. Norton and Ebert Norton, the owners of said mining claims, made toE. L. Davis and H. J. Caldwell, appellee and appellant herein, a bond conditioned to convey said claims to said Davis and Caldwell, upon payment by them of the sum of $7,500 on or before July 22, 1880, in consideration of the sum…
1Opinion of the Court
Rising, C.
The numerous assignments of error will not be separately discussed; but, under a general consid eration of the case, the rulings of the court below, upon which the errors are assigned, will be passed upon.
The first and most important question for consideration is that of the sufficiency of the evidence to entitle the appellant to the relief demanded. Appellant bases his right of relief upon the conduct of the appellee; and how far the conduct of the appellee affects such right must be determined by the relations of the parties to each other. The plaintiff alleges that they were…
Also in this document: Per curiam.
2Cases cited5 opinions
- Dambmann v. . SchultingNew York Court of Appeals · 1878
- Kayser v. MaughamSupreme Court of Colorado · 1885
- Fitzsimmons v. JoslinSupreme Court of Vermont · 1849
- Watts v. WhiteCalifornia Supreme Court · 1859
- Machette v. WanlessSupreme Court of Colorado · 1873
3Cited by8 opinions
- Skeen v. Harms (In Re Harms)United States Bankruptcy Court, D. Colorado · 1981
- Bernardi v. Community Hospital AssociationSupreme Court of Colorado · 1968
- Richards v. FraserCalifornia Supreme Court · 1898
- Karle v. SederWashington Supreme Court · 1950
- Silverberg v. ColantunoColorado Court of Appeals · 1999
3 more not listed; retrieve them via the Exa API.