Hoagland v. Murray
Supreme Court of Colorado
Appeal from Las Animas District Court. — Hon. Henry Hunter, Judge. The parties to this appeal entered into the following contract: “This agreement, made and entered into by and between Charles Hoagland, of the county of Las Animas, and state of Colorado, of the first part, and P. H. Murray, of the same place, or the second part, WITNESSETH; The party of the first part agrees to convey to the party of the second part, within twenty-four months after date, lots one, two, three…
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Appeal from Las Animas District Court. — Hon. Henry Hunter, Judge. The parties to this appeal entered into the following contract: “This agreement, made and entered into by and between Charles Hoagland, of the county of Las Animas, and state of Colorado, of the first part, and P. H. Murray, of the same place, or the second part, WITNESSETH; The party of the first part agrees to convey to the party of the second part, within twenty-four months after date, lots one, two, three and four, block nine, Grass apd Allen’s addition in the city of Trinidad. And further agrees to not dispose of the said…
1Opinion of the CourtJustice Gabbert
From the briefs of counsel for the respective parties, the following questions are presented for determination, in testing the sufficiency of the complaint: • (1) Does the contract purpose to express a consideration? (2) Is it mutual? (3) Did the failure of plaintiff to- tender his deed within the twenty-four months mentioned in the contract defeat his right to maintain his action?
The first two questions- can be considered together. A promise is a good consideration for a promise, when they are mutual; that is, reciprocal, and impose upon each of the parties a legal, binding obligation which…
2Cases cited3 opinions
- Stiles v. McClellanSupreme Court of Colorado · 1881
- Byers v. Denver Circle R.Supreme Court of Colorado · 1889
- Powell v. Dayton, Sheridan & Grande Ronde R. R.Oregon Supreme Court · 1887
3Cited by15 opinions
- George Garfield v. T. C. Strain and R. E. MareshCourt of Appeals for the Tenth Circuit · 1963
- Howlett v. GreenbergColorado Court of Appeals · 1975
- DeFeyter v. RileyColorado Court of Appeals · 1979
- Harris v. HansonColorado Court of Appeals · 1991
- Neola Elevator Co. v. KruckmanSupreme Court of Iowa · 1919
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