Cases Argued and Determined in the Supreme Court of Colorado Volume 69
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ... plaintiff in the sum of $14,006.75 and made a special finding that defendant was entitled to the immediate transfer and delivery to him of certain water stock as provided in the contract, the failure to transfer which defendant set up as one of the grounds justifying his retention of the pledged stock. Judgment was entered on this verdict and defendant brings the cause here for review on error. ' BURKE, J. after stating the facts as above. Defendant makes three contentions which it is necessary to notice. 1. That the contract in question was in terms as alleged by him and was in writing. 2. That by the terms of said contract plaintiff was not entitled to a return of his pledged stock until he had complied with all the provisions thereof, which the special finding of the jury shows he had not done. 3. That Instruction No. 7 given by the court constituted prejudicial error, in that the court thereby advised the jury that the burden of proof was upon defendant to establish the contract as set out in his cross complaint. 1. As to the terms of the contract concerning the cattle, and the question as to whether it was oral or in writing, plaintiff's testimony, corroborated by certain facts established, supported his contention.-Defendant's testimony, corroborated by certain facts established, and some additional oral evidence, supported his contention. This court will not disturb a finding of fact made upon conflicting evidence. Hallack, et al. v. Stockdale, et al., 14 Colo. 198, 200, 23 Pac. 340.. 2. By the terms of the contract as asserted by defendant, plaintiif's stock was pledged to enforce its performance. This clause the contract itself interpreted specifically to mean a pledge "to indemnify him (defendant) for...
- Paperback | 210 pages
- 189 x 246 x 11mm | 386g
- 13 Sep 2013
- Illustrations, black and white