Mt. Sneffels Co. v. Estate of Scott

Opinion by

Judge FISCHBACH.

Mount Sneffels Company (buyer) appeals the amount of equitable relief awarded it as beneficiary of a constructive trust. The personal representative for the estate of Marie Scott (seller) cross-appeals the trial court’s imposition of a constructive trust and, alternatively, the amount of the award. We affirm in part and reverse in part.

The case arises from a mutual mistake of fact. After viewing the property, buyer and seller agreed on a sales contract in which they described the property to be conveyed by reference to a United States Geological Survey map rather…