(DOWNLOAD) "Carpenter v. Hill" by Colorado Supreme Court * eBook PDF Kindle ePub Free

July 16, 2021

eBook details

Title: Carpenter v. Hill
Author : Colorado Supreme Court
Release Date : January 16, 1955
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 50 KB

Description

Plaintiffs in error, as plaintiffs, filed a complaint in the district court of Mesa county containing two causes of action for a rescission of an executed contract for the exchange of land. One cause of action was based on fraud and the other on mutual mistake. It appears that there was no evidence to sustain the allegations of fraud and that was abandoned, and reliance was had on the ground of mutual mistake. The trial court, in effect, found that a mutual mistake did exist, in that both parties were mistaken as to the manner in which the unpaid balance on the contract was to be made; however, the court found that plaintiffs were negligent in failing to examine the original contracts of sale, which were in escrow, and that due to this negligence they could not recover. The original contract for the sale of the land which plaintiffs acquired had been assigned and reassigned and defendants were holding under the last assignment.

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