Mann v. Farnum
Supreme Court of Colorado
Error to District Court of Arapahoe County. Action to recover for labor and material and to foreclose lien upon real estate. Tbe plaintiff Mann brought suit against one Charles B. Farnum to recover for filling and grading certain lots. The original complaint was founded upon ati express oral agreement between Farnum, the owner of the lots, and one Quimby, the plaintiff being the assignee of Quimby.
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Error to District Court of Arapahoe County. Action to recover for labor and material and to foreclose lien upon real estate. Tbe plaintiff Mann brought suit against one Charles B. Farnum to recover for filling and grading certain lots. The original complaint was founded upon ati express oral agreement between Farnum, the owner of the lots, and one Quimby, the plaintiff being the assignee of Quimby. The whole amount claimed, based upon an agreed price per cubic yard, amounted to $653.33. Payment of $400 admitted; judgment and decree of foreclosure for balance prayed for. After one trial by…
1Opinion of the CourtJustice Elliott
The principal assignments of error are, to the effect, that the finding and judgment of the court are contrary to the law and the evidence.
The trial court was fully justified in finding that the original contract between Farnum and Quimby was limited to the amount of earth to be taken from the club house excavation. It is true, Quimby in his oral testimony states that Farnum promised to pay him for all the dirt he (Quimby) would put on the lots, or for sufficient to grade them; but Quimby’s letter of April 9, hereafter referred to, is a plain distinct corroboration of Farnum’s answer and…
2Cited by3 opinions
- Jamison v. JamisonMississippi Supreme Court · 1909
- Fish & Hunter Co. v. New England Homestake Co.South Dakota Supreme Court · 1911
- Roman Catholic Congregation of the Annunciation v. O'LearySupreme Court of Colorado · 1897