Legal Opinion

McPhee v. Young

Supreme Court of Colorado

Decided April 15, 1889PublishedCited by 17 opinions

Appeal from Superior Court of Denver. In March, 1882, William and John Simpson, as William Simpson & Co., entered into a contract in writing to erect a dwelling-house for a Mrs. G-. H. Clegg.

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Appeal from Superior Court of Denver. In March, 1882, William and John Simpson, as William Simpson & Co., entered into a contract in writing to erect a dwelling-house for a Mrs. G-. H. Clegg. After making certain arrangements for the erection of the house Simpson & Co. assigned the contract to appellants, Charles D. McPhee and John J. McG-innity, copartners, by an instrument in writing of which the following is a copy: ‘‘ For value received, as per agreement attached, we hereby assign the within contract to McPhee & McGinnity. [Signed] “William Simpson & Go.” The agreement referred to as…

1Opinion of the Court

Pattison, C.

Consideration in detail of the numerous errors assigned upon the record in this case seems unnecessary. The issue between the parties is clearly and well defined. If the written instruments which have been recited are capable of being understood, all of the questions which have been discussed by counsel, with a single exception, can be eliminated from the case.

It is conceded that the three contracts referred to are to be taken as parts of the. same transaction, and construed together. To arrive at and settle the rights of the parties under the order and acceptance upon which the…

2Cases cited4 opinions

  1. Goddard v. FosterSupreme Court of the United States · 1873
  2. Haldeman v. ChambersTexas Supreme Court · 1857
  3. St. Louis & Denver Land & Mining Co. v. TierneySupreme Court of Colorado · 1881
  4. Emery v. WebsterSupreme Judicial Court of Maine · 1856

3Cited by17 opinions

  1. East Ridge of Fort Collins, LLC v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 2005
  2. Grand Valley Irrigation Co. v. LesherSupreme Court of Colorado · 1901
  3. Rollins v. Board of CommissionersSupreme Court of Colorado · 1890
  4. Egelund v. FayterUtah Supreme Court · 1918
  5. Fuller Co. v. Mountain States Investment BuildersColorado Court of Appeals · 1975

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