Farris v. Strong

• Decision Date: 03 May 1897
• Citation: 48 P. 963,24 Colo. 107
• Parties: FARRIS v. STRONG et al.
• Court: Colorado Supreme Court

48 P. 963

24 Colo. 107

FARRIS v. STRONG et al.

Supreme Court of Colorado

May 3, 1897

Error to district court, El Paso county.

Action by Samuel N. Farris against F. H. Strong and another to rescind a contract. Judgment for defendants, and plaintiff brings error. Affirmed.

This is an action brought by Samuel N. Farris, plaintiff in error against F. H. Strong and Stewart McDougal, defendants in error, to procure a rescission of a certain contract and cancellation of a deed executed in pursuance thereof, upon the ground of fraud. The complaint, in substance, avers: That in the early part of October, 1894, plaintiff had an option to purchase the City View Mine, located in Cripple Creek mining district, El Paso county, Colo., and was then negotiating, and, in effect, had negotiated a sale of the same to one Baxter, in such a way that he could retain for himself an undivided one-fourth interest in the property as a profit. That the defendant Strong, learning of the pending negotiations, falsely represented to plaintiff that he could materially assist in said negotiations, and would furnish money to help carry out the deal, if necessary, to the amount of $1,000; and, in the event the deal was made, he would loan plaintiff $500 for six months. That plaintiff, believing said representations to be true, was thereby induced to sign the following contract: 'Cripple Creek, Colo., 12th Oct. 1894. This agreement, made and entered into between S. N Farris of the first part and F. H. Strong, both of Cripple Creek, witnesseth that S. N. Farris have entered into a partnership deal to sell the City View Mine on Gold Hill each being an equal partner in the division of the profits. S. N. Farris furnishes the option on the mine which he got from Mr. Harlow & Hallack, and F. H. Strong furnishes the method of selling and will also furnish money to help carry out the deal,--one thousand dollars, if necessary,--which is to come back as the commission; and the intention is to clear one-quarter of the mine; that is, it is agreed we will sell only three-quarters of the mine for seven thousand dollars and we will retain one-fourth interest in the mine; that is, one-eighth shall be for or to S. N. Farris for profit, and one-eighth to or F. H. Strong for his profit in the deal. The present intention is to sell to O. H. P. Baxter, of Pueblo, and his friends, or to any other party or parties. Now, if the deal is made as now laid out, F. H. Strong agrees to lend S. N. Farris on his one-eighth of the City View Mine five hundred dollars for six months at eight per cent. per annum, and as fast as his share of the ore makes money it shall be applied to pay back this five hundred dollars. [Signed] S. N. Farris. F. H. Strong.' Avers that the defendant Strong furnished no method to help carry out the deal, furnished no money therefor, rendered no assistance of any kind to plaintiff, but nevertheless, at the completion of said sale, used said written agreement in such a manner as to obtain a conveyance from the owners of said City View lode of an undivided 7/64, and thereafter gave plaintiff a check for $500, dated October 19, 1894, upon the BiMetallic Bank of Cripple Creek, but that no...