The Pacific Reporter Volume 24 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 Excerpt: ...B. Herbert Brooks has already served one year in the penitentiary under the judgment of the court below, we think he has been punished sufficiently, and he will, therefore, be discharged. Reversed. Wendling Cattle & Land Co. V. WoodBurn. (Supreme Court of Colorado. June 13, 1S90.) Review--Weioht Op Evidenxe. Where the evidence was conflicting, and the findings of tho trial court were not manifestly against the weight thereof, the judgment will not be disturbed. Commissioners' decision. Appeal from superior court of Denver. T. D. W. Youley and J. N. Stevens, for appellant. Coe & Freeman, for appellee. Richmond, C. In this action, plaintiff, appellee herein, seeks to recover the Bum of $ 15,000. with Interest thereon from the 1st day of October, 1886, balance due as purchase price of an undivided one-half interest in certain cattle, horses, ranch, water-rights, and improvements. The complaint alleges that on oraboutthe 9th day of April, A. D. 1880, the plaintiff sold and delivered to the defendant all his undivided one-half interest in and to all of the cattle branded O. K. and I O U, and all horses branded O. K. on the left hip, also his interest in and to the O. K. ranch, in Mora county, N. M., with all waterrights and improvements thereon, at an agreed price of $30,000; that defendant promised to pav therefor the sum of $15,000 on the 1st day of July, A. D. 1886, and $15,000 on the 1st day of October, A. D. 1886; that defendant paid the sum of $15,000 on the 1st day of July; and that, although plaintiff demanded on the 1st of October, 1886, the further sum of $15,000, defendant refused and failed to pay the same. By the answer to this complaint, defendant alleges that the sole and only consideration of the said $30,000 was a certain contract entere...