Rundle v. Cutting

On the 9th day of July, 1885, one William H. Stevens was the owner in fee of several hundred lots in Windsor Heights, an addition to the city of Denver. On that day he made an oral contract with Assyria Hall and Edward A. Reser, jointly. By the terms of this contract Hall and Reser, jointly, were authorized to contract for the sale of the whole or any of these lots, and pay the proceeds to Joseph A. Thatcher, who was duly empowered to execute the necessary conveyances.

*338Stevens had acquired title as a result of foreclosure proceedings, and a number of prior purchasers were claiming the right to…