[DOWNLOAD] "Consolidated Oil & Gas Inc. v. Superior Oil Co." by Colorado Supreme Court ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Consolidated Oil & Gas Inc. v. Superior Oil Co.
• Author : Colorado Supreme Court
• Release Date : January 19, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

FOR VALUE RECEIVED, and in payment of open account, the undersigned promises and agrees to pay to Daryl Hinkle as hereinafter provided, the sum of Nine Thousand Nine Hundred - Eighty-Eight and 60/100 --, together with interest thereon at four per cent (4%) per annum from date.
Schleining, plaintiff in error (claimant), here challenges the trial courts power and discretion in dismissing, on its own motion, an appeal from the disallowance by the county court of his claim against the Estate of Sunday, defendant in error.
The dispute before us centers on the question as to whether a certain quitclaim deed which ratified to Elmer E. Underwood one cubic foot of ditch water, also ratified and conveyed another separate cubic foot of water to Frank and Hulda J. Lohr through a different chain of title. For previous decisions concerning part of this controversy see Raber v. Lohr, 152 Colo. 1, 380 P.2d 24 (1963) and McFadzean v. Lohr, 152 Colo. 31, 380 P.2d 20 (1963).
The parties appeared in the trial court inverse to their position here on writ of error. Defendants were the fireman, engineer and the Missouri Pacific Railroad and will be referred to as the Railroad. Defendant in error, Phyllis L. Wyman, brought this action under the wrongful death statute as the sole surviving heir and widow of Leslie M. Wyman. He was the driver of a bulk milk tank truck which was owned by the Pueblo Dairy Exchange, Inc., another of the plaintiffs. Mrs. Wyman will be referred to as plaintiff, and the dairy company as Exchange. The deceased will be referred to as Wyman.
Prior to 1961 the Board, pursuant to the provisions of C.R.S. 53, 106-2-18, created some ten district planning commissions," which covered some -- but by no means all -- of the unincorporated area of Mesa County. Some, though apparently not all, of these district planning commissions had been functioning in the manner contemplated by the aforementioned statute. In any event, the County Planning Commission, hereinafter referred to as the Commission, had for some time prior to 1961 been considering proposed zoning which would cover all of the unincorporated areas of Mesa County. On April 18, 1961 the Commission unanimously approved "The Mesa County Zoning Resolution, Sixth and Final Draft, with Maps Attached," which document will hereinafter be referred to as the Resolution, and forwarded the same to the Board with the recommendation that it be acted upon favorably by the Board.

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