Legal Opinion

Deutsch v. Baxter

Colorado Court of Appeals

Decided September 15, 1896PublishedCited by 4 opinions

Appeal from the District Court of Arapahoe County. Appellant was the owner of some lots and buildings on Market street in this city. On the 10th of December, 1888, he entered into a contract with Braun & Bochow, as agents, to sell the property.

Read the full summary

Appeal from the District Court of Arapahoe County. Appellant was the owner of some lots and buildings on Market street in this city. On the 10th of December, 1888, he entered into a contract with Braun & Bochow, as agents, to sell the property. It is alleged that under such contract Braun & Bochow negotiated, a sale of the property to Oscar Reuter for $120,000; that during the month of December Reuter paid appellants $1,000 on the purchase, to be forfeited in case Reuter did not complete the purchase. The purchase was not completed. It is shown that Reuter attempted to complete the purchase…

1Opinion of the CourtReed, P. J.

There are several errors assigned. The suit was brought by appellee in his personal and individual capacity. In the complaint it is alleged that the claim was assigned to him. Upon the trial plaintiff (appellee) offered in evidence an instrument in writing, being an assignment to him as trustee, which was objected to by the defendant for the reason that it showed the assignment to have been made to appellee as trustee and was not admissible in support of the complaint. The objection was overruled and an exception taken to the ruling of the court, and error assigned.

The only evidence in…

2Cases cited2 opinions

  1. Raisin v. ClarkCourt of Appeals of Maryland · 1874
  2. Finnerty v. FritzSupreme Court of Colorado · 1879

3Cited by4 opinions

  1. Alta Investment Co. v. WordenSupreme Court of Colorado · 1898
  2. Conroy v. CoverSupreme Court of Colorado · 1926
  3. Stuart v. ChaneySupreme Court of Colorado · 1922
  4. Conroy v. CoverSupreme Court of Colorado · 1926

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API