Bailey v. Lay
Supreme Court of Colorado
JError to the District Court of Arapahoe County. Action to recover damages for breach of contract to convey certain mining property, and to have the amount recovered declared a lien upon such property. The demurrer to the amended complaint was sustained, and judgment was rendered for defendants, dismissing the action. Plaintiffs bring the cause to this court by writ of error.
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JError to the District Court of Arapahoe County. Action to recover damages for breach of contract to convey certain mining property, and to have the amount recovered declared a lien upon such property. The demurrer to the amended complaint was sustained, and judgment was rendered for defendants, dismissing the action. Plaintiffs bring the cause to this court by writ of error. The complaint demurred to was as follows : “ The plaintiffs complaining of said defendants say: “ That heretofore and on and before the first day of October, A. D. 1886, the said defendants Lay, Mallory and Brown were…
1Opinion of the CourtJustice Elliott
delivered the opinion of the court. '
The sustaining of the demurrer to the amended complaint' is assigned for error. The demurrer specifies several grounds of objection; but upon this review it is only necessary to' consider whether the complaint states facts sufficient to constitute a cause of action against the principal defendants, Lay, Mallory and Brown.
*418Plaintiffs claim to recover for the breach of a certain written agreement, entered into March 22, 1887, between the defendants Cummins and Oleott of the one part, and the defendant Lay, acting for himself and for his codefendants Mallory…
2Cases cited1 opinion
- Bakeman v. PoolerNew York Supreme Court · 1836
3Cited by7 opinions
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- Stelson v. HaiglerSupreme Court of Colorado · 1917
- Silfvast v. AsplundMontana Supreme Court · 1933
- Miller v. CarmodySupreme Court of Colorado · 1963
- Hoffman v. BuchananCourt of Appeals of Texas · 1909
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