19 Colo. App. 1 | Colo. Ct. App. | 1903
On the 8th day of February, 1897, F. S. Goldsmith and Fanny Goldsmith entered into a contract in writing with Samuel Newhouse, as trustee, by the terms of which, in consideration of the payment by Newhouse of the cost of sinking a shaft on certain mining property, the title to one-fourth of which was in the Goldsmiths, and of the remaining three-fourths in other parties, with whom the Goldsmiths claimed to have agreements authorizing such contract, they gave him the exclusive right to purchase the property on certain terms named in the contract. Afterwards, on the 15th day of March, 1897, another contract was executed between the same parties, in which, after recitals that Newhouse was about to pay a portion of the cost of sinking the shaft,' and that a question had arisen whether the outside owners were bound by the contract of February 8, the Goldsmiths agreed to procure and deliver, on or before April 12, 1897, to Mr. Newhouse, the written approval and assent of those outside owners to the contract of February 8, and stipulated that in the event of their failure to procure such approval and assent, Newhouse should not be liable for the cost of sinking the shaft, and should have a lien on the property for all moneys paid out by him pursuant to the terms of that contract.
Afterwards, on the 22d day of April, 1897, the Goldsmiths executed and delivered to Newhouse a certain instrument by which, after recital of the terms and conditions of the two contracts of Febru
The defendants rely for a reversal of the Judgment upon two alleged errors; namely, that' the finding of the court was against the preponderance of
But while the condition of the record will not permit an inquiry into the sufficiency of the evidence to sustain the judgment, the question whether, in the admission of evidence, such error was committed as to work prejudice to the rights of the defendants, may propérly be considered. The contract of February 8 was executed in triplicate. One copy was delivered to the defendants, and the other two retained by the plaintiff. The defendants produced the paper which had been delivered to them, on the back of which was an indorsement approving and ratifying the contract, and signed by the other owners of the property; and then offered the contract and indorsement in evidence. The contract appeared to have been materially altered by the erasure of an important stipulation which it contained. The introduction of the documents was resisted on the ground of the alteration, and testimony was introduced on the question when and by whom it was made. A determination of this question was important, because if the alteration was unauthorized
The judgment should be affirmed.
Affirmed.