Legal Opinion

Eisenhart v. Ordean

Colorado Court of Appeals

Decided January 15, 1893PublishedCited by 8 opinions

Error to the District Court of Arapahoe County. Plaintiff in error leased to the defendants certain premises and buildings for the term of two years from Nov. 23, 1889, at a monthly rental of $40.00 payable in advance. Defendants were mechanics making and repairing wagons, blacksmithing, etc. A written lease was executed in the ordinary form, and defendants went into possession.

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Error to the District Court of Arapahoe County. Plaintiff in error leased to the defendants certain premises and buildings for the term of two years from Nov. 23, 1889, at a monthly rental of $40.00 payable in advance. Defendants were mechanics making and repairing wagons, blacksmithing, etc. A written lease was executed in the ordinary form, and defendants went into possession. Among other covenants contained in the lease defendants covenanted that they “ had received the premises in good order and condition,” and that they would keep the premises in good repair' during the lease at their…

1Opinion of the CourtReed, J.

Many supposed errors are assigned, several of which I shall not find it necessary to notice. It is urged that many errors occurred in admitting and rejecting evidence. The contention appears to be well founded. The transcript from end to end bristles with the objections and exceptions of the defendant. It would be-impossible, or at least impracticable, to point them all out. It must suffice to say that during the entire trial successful efforts were made to put in evidence of failure to repair and make improvements as alleged in the first count. Plaintiffs succeeded admirably in making a case…

2Cases cited15 opinions

  1. Edgerton v. . PageNew York Court of Appeals · 1859
  2. Myers v. . BurnsNew York Court of Appeals · 1866
  3. Mack v. . PatchinNew York Court of Appeals · 1870
  4. Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
  5. Philadelphia, Wilmington & Baltimore Railroad v. HoeflichCourt of Appeals of Maryland · 1884

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3Cited by8 opinions

  1. Hayes v. Capitol Buick Co.Supreme Court of Connecticut · 1935
  2. Allison v. PeopleColorado Court of Appeals · 1895
  3. Eskanos and Supperstein v. IrwinColorado Court of Appeals · 1981
  4. Matoba v. Blackhawk EnterprisesColorado Court of Appeals · 1984
  5. Western Light & Power Co. v. PoorSupreme Court of Colorado · 1920

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