Hallowell v. Leafgreen
Colorado Court of Appeals
Appeal from the County Court of Arapahoe County. Apeeli.eb was a contractor for brickwork in the construction of buildings; D. R. McCurdy and one Geiger, doing business under the name of McCurdy & Company, made a contract with appellee to do the brickwork on two residences by them being built for $1,375; the work was performed and some extra work done, making the aggregate $1,660, which included $80.00 in money lent to D. R. McCurdy individually, of -which, it was claimed,…
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Appeal from the County Court of Arapahoe County. Apeeli.eb was a contractor for brickwork in the construction of buildings; D. R. McCurdy and one Geiger, doing business under the name of McCurdy & Company, made a contract with appellee to do the brickwork on two residences by them being built for $1,375; the work was performed and some extra work done, making the aggregate $1,660, which included $80.00 in money lent to D. R. McCurdy individually, of -which, it was claimed, $212 was left unpaid at the completion of the work and remains so. Appellants had a contract with McCurdy & Co. whereby…
1Opinion of the CourtReed, J.
There may have been some juggling between the parties in regard to the two contracts, but the facts are conclusively established by the evidence that the transactions with appellants were separate and distinct contracts; the first with Geiger and McCurdy (D. R. McCurdy & Co.); the second with Mayo and C. McCurdy. It is not claimed that Geiger of McCurdy & Co. had any connection with the second contract. Whatever money was due appellee upon building contract was upon the first contract, and was due by McCurdy & Co., while a part of the claim for which judgment was given was for borrowed money…
2Cases cited1 opinion
- Sickman v. HaxSupreme Court of Colorado · 1890
3Cited by2 opinions
- State of Colorado v. Elkins Ex Rel. IrelandSupreme Court of Colorado · 1928
- H. W. Johns-Manville Co. v. AllenIdaho Supreme Court · 1923