Cofield v. Clark
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. The declaration contained five special counts, in some of which the plaintiff declared upon a promise to deliver sixty-eight head of cattle, and in others upon a promise to deliver sixteen head of cattle. In each count it was averred that the consideration had been paid but the amount of it was variously stated.
Read the full summary
Appeal from District Court, Arapahoe County. The declaration contained five special counts, in some of which the plaintiff declared upon a promise to deliver sixty-eight head of cattle, and in others upon a promise to deliver sixteen head of cattle. In each count it was averred that the consideration had been paid but the amount of it was variously stated. The allegation of damage was substantially the same in each count, and in one of the counts was as follows : “Whereby the said plaintiff has lost and been defrauded of, as well the said sum of money so by him paid to the said defendant as…
1Opinion of the CourtBeleoed, J.
Clark sued Cofield, to recover damages for breach of contract in failing to deliver sixteen head of cattle. It appears from the evidence that, on the 18th day of July, 1871, Cofield sold Clark sixty-four head of cattle, for the consideration of $4,000, which consideration was made up of $1,000 in cash, and the conveyance of a tract of land *104valued at $8,000. On the day the sale was negotiated, Co-field discovered that he owned four more cattle, which he agreed to put in at $200, making, in all, $4,200, which was paid, and upon the payment of which Cofield executed and delivered to Clark the…
2Cases cited9 opinions
- Hansbrough v. PeckSupreme Court of the United States · 1867
- Gibson v. StevensSupreme Court of the United States · 1850
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Squier v. GouldNew York Supreme Court · 1835
- Smith v. GillettIllinois Supreme Court · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fort Dearborn Coal Co. v. Newaygo Portland Cement Co.Michigan Supreme Court · 1925
- Lufkins v. CollinsIdaho Supreme Court · 1885
- Schon-Klingstein Meat & Grocery Co. v. SnowSupreme Court of Colorado · 1908