CARPENTER v. HILL

No. 17530.

283 P.2d 963 (1955)

P. W. CARPENTER and Ardrie Carpenter, Plaintiffs in Error, v. George W. HILL and Nellie M. Hill, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 6, 1955.


Attorney(s) appearing for the Case

Moynihan-Hughes-Bjelland, Montrose, for plaintiffs in error.

Haynie & Hotchkiss, Grand Junction, Graham & Scheunemann, Denver, for defendants in error.


HOLLAND, Justice.

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...

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