(Download) "Boxberger v. State Highway Department" by Colorado Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Boxberger v. State Highway Department
- Author : Colorado Supreme Court
- Release Date : January 17, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Plaintiff in error, as plaintiff in the trial court, on April 26, 1950, filed his complaint alleging, in substance: That on or about June 19, 1947, he executed and delivered to the state highway department of the state of Colorado his deed to access rights to and from a portion of his farm which bordered on state highway No. 185; that said deed was duly recorded; that there was no consideration for said deed; that it was obtained by defendant, which orally made certain representations to plaintiff that the balance of his access rights to the state highway, other than that conveyed by the deed, would not be taken by defendant; that plaintiff would have the right to construct a filling station with access to and from the highway at any other adjacent point on his farm to the highway, where such right was not conveyed by said deed; that in reliance on the representations, the deed was executed; that said representations have proved false, and there has been a complete failure of consideration for the deed; that the deed was delivered through a mutual mistake and misunderstanding; that rescission and cancellation has been demanded of defendant by plaintiff; and plaintiff prays for a decree cancelling and rescinding the deed, or for declaratory judgment to the effect that the said deed is ineffective and void, and for any other proper relief.