St. Vrain Stone Co. v. Denver, Utah & Pacific Rairoad
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. The appellee, The Denver, Utah & Pacific Railroad Company, commenced this action in the district court, upon a written contract, the terms of which are in substance as follows :— 1st. The St. Vrain Stone Company agrees to sell and convey to Stout, Gallagher & Lay, eighty acres of land and some personal property in Boulder county, Colorado. 2d.
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Appeal from the District Court of Arapahoe County. The appellee, The Denver, Utah & Pacific Railroad Company, commenced this action in the district court, upon a written contract, the terms of which are in substance as follows :— 1st. The St. Vrain Stone Company agrees to sell and convey to Stout, Gallagher & Lay, eighty acres of land and some personal property in Boulder county, Colorado. 2d. Stout, Gallagher & Lay agree to pay therefor $8,000 in cash, and give four promissory notes; two for the sum of $750 each, payable in six months, and two for the sum of $750 each, payable in one year,…
1Opinion of the CourtChief Justice Hayt
A question is raised with reference to the form of defendant’s pleadings, but as the determination of such question can in no way affect the result, the merits of the controversy will be considered without any reference to it.
Counsel for defendant offered evidence at the trial, tending to show that it was orally agreed that the road should be constructed through Crooked Canon, at the time the written contract was executed. In other words, the claim is that a written agreement to locate the line within the canon upon certain express conditions can by parol be changed to an absolute agreement…
2Cited by6 opinions
- Doyle v. NestingSupreme Court of Colorado · 1906
- Troutman v. StilesSupreme Court of Colorado · 1930
- Emerson-Brantingham Implement Co. v. WoodSupreme Court of Colorado · 1917
- Burns v. BurnsSupreme Court of Colorado · 1969
- Cooper v. German National BankColorado Court of Appeals · 1897
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