Garbanati v. Fassbinder
Supreme Court of Colorado
Error to District Court of La Plata County. In May, 1881, the parties to this action entered into a written contract, whereby Fassbinder agreed to sell and convey to Garbanati “lots Hos. 20 and 21, in block Ho. 6, in the town of Horth Durango, in La Plata county, state of Colorado, as surveyed, staked and platted by C. M. Perm, civil engineer,” etc. The lots thus described fronted on a street called “ Grand Avenue.”
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Error to District Court of La Plata County. In May, 1881, the parties to this action entered into a written contract, whereby Fassbinder agreed to sell and convey to Garbanati “lots Hos. 20 and 21, in block Ho. 6, in the town of Horth Durango, in La Plata county, state of Colorado, as surveyed, staked and platted by C. M. Perm, civil engineer,” etc. The lots thus described fronted on a street called “ Grand Avenue.” At the time of executing the written contract there was no street or alley in the rear . of the lots. They abutted in the rear upon other lands belonging to Fassbinder. After the…
1Opinion of the CourtJustice Elliott
From the record before us it does not appear that any objection was made in the district .court to the sufficiency of the pleadings by demurrer or otherwise; nor is any such objection interposed in this court. The assignments of error relate to the evidence and instructions of the court. The bill of exceptions is evidently imperfect. It does not purport to contain all the evidence, either oral or documentary. Ho errors in relation to the admission or exclusion of testimony appear in the record. '
Heither the written contract to convey nor the deed of warranty states the length or breadth of…
2Cases cited3 opinions
- Cabot v. ChristieSupreme Court of Vermont · 1869
- Morris Canal Co. v. EmmettNew York Court of Chancery · 1841
- Tucker v. EdwardsSupreme Court of Colorado · 1883
3Cited by4 opinions
- Tynon v. DespainSupreme Court of Colorado · 1896
- McLure v. KoenSupreme Court of Colorado · 1898
- Ruth v. SmithSupreme Court of Colorado · 1901
- Dennison v. BarneySupreme Court of Colorado · 1911