[Download] "Kuper v. Scroggins" by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Kuper v. Scroggins
- Author : Colorado Supreme Court
- Release Date : January 27, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Plaintiffs were successful in their action against defendant for specific performance of a contract to convey real estate. The ample findings of the trial judge are supported by legal and competent evidence, and disclose that by a written contract, dated April 29, 1948, defendant agreed to sell, and plaintiffs agreed to buy, certain lands in Kiowa county, Colorado, for a total consideration of twenty thousand dollars, title to be in fee simple, free and clear of liens, taxes and encumbrances. It appears that as to a portion of the land to be conveyed, defendant did not own the mineral rights thereto, they being owned by the State of Colorado. Except for this mineral reservation, the title to the land was in defendant and merchantable. Plaintiffs had the abstracts of title to the land examined after the contract was made, discovered the mineral reservation, and thereafter certain correspondence passed between counsel for the respective parties in an attempt to adjust the matter of the mineral reservation. No settlement was made. Plaintiffs in June, 1950 filed their complaint, seeking specific performance of the contract with an abatement of part of the purchase price to compensate for the lack of mineral rights which defendant could not convey. Plaintiffs were ready, willing and able to perform their part of the contract, subject to the abatement above mentioned. The trial court found the value of the land, without reservation of the mineral rights, to be twenty thousand dollars, and that its value with the mineral rights reserved was $19,360. Plaintiffs had paid four thousand dollars on account of the purchase price of the land. The trial court ordered: