Legal Opinion

Treat v. Schmidt

Supreme Court of Colorado

Decided June 7, 1920No. 9669PublishedCited by 11 opinions

Action for cancellation of deed. Judgment for defendants. Error to the District Court of Las Animas County, Hon. A. C. McChesney, Judge.

1Opinion of the CourtJustice Teller

The plaintiff in error, by suit, sought to have cancelled a deed by which he conveyed to the defendant in error, Schmidt, certain lands in Las Animas County, and for an accounting as to coal produced therefrom. The defendants had judgment, and the case is now before us for review. The complaint alleged that the conveyance was invalid; first, because it was induced by misrepresentation and fraud; and, second, because the land was conveyed to defendant Schmidt when he was plaintiff’s agent to sell it.

In February, 1914, Schmidt, a resident of Trinidad, wrote plaintiff, then residing in New York,…

2Cases cited5 opinions

  1. Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
  2. United States v. CarterSupreme Court of the United States · 1910
  3. Ludington v. PattonWisconsin Supreme Court · 1901
  4. Tyler v. SanbornIllinois Supreme Court · 1889
  5. Fisher v. SeymourSupreme Court of Colorado · 1897

3Cited by11 opinions

  1. Cahill v. ReadonSupreme Court of Colorado · 1928
  2. Moore & Co. v. T-A-L-L, Inc.Supreme Court of Colorado · 1990
  3. Circle T Corporation v. DeerfieldSupreme Court of Colorado · 1968
  4. McKinney v. ChristmasSupreme Court of Colorado · 1960
  5. Lestoque v. MR Mansfield Realty, Inc.Colorado Court of Appeals · 1975

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