Hamilton v. Shelton

• Court: Colorado Supreme Court
• Writing for the Court: TELLER, C.J.
• Citation: Hamilton v. Shelton, 74 Colo. 384, 222 P. 350 (Colo. 1924)
• Decision Date: 07 January 1924
• Docket Number: 10433.
• Parties: HAMILTON v. SHELTON.

222 P. 350

74 Colo. 384

HAMILTON v. SHELTON.

No. 10433.

Supreme Court of Colorado

January 7, 1924

Department 2.

Error to District Court, El Paso County; Arthur Cornforth, Judge.

Suit by Elizabeth A. Shelton against Necky Hamilton. Judgment for plaintiff, and defendant brings error.

Affirmed.

Samuel H. Kinsley, of Colorado Springs, for plaintiff in error.

Orr &amp Little, of Colorado Springs, for defendant in error.

TELLER C.J.

Defendant in error was plaintiff in an action against the plaintiff in error to reform a deed alleged to have contained a wrong description of the property intended to be conveyed. The court found in favor of the plaintiff, and to review the judgment entered on the findings, the defendant brings the cause here.

It appears from the record that the defendant was the owner of two pieces of residence property in Colorado Springs, one on Corona street and one on Maple street; that by oral contract she sold the one on Maple street to the plaintiff, who took possession thereof. Some six months afterwards, the parties visited a real estate broker, and at their request he prepared a deed which the plaintiff says the defendant executed with full knowledge of her action. The defendant contends that her intention was merely to enter into a contract for the sale of the property. The defendant had taken to the broker's office a deed which conveyed to her the Corona street property, and the description in that deed was inserted in the deed to the plaintiff, no one observing that it did not describe the...