(Download) "Consolidated Goldacres Co. v. Commissioner of Internal Revenue." by Circuit Court of Appeals Tenth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Consolidated Goldacres Co. v. Commissioner of Internal Revenue.
- Author : Circuit Court of Appeals Tenth Circuit
- Release Date : January 12, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Marie T. Garland instituted this action against her son Hamilton Garland and his wife Jean B. Garland. The complaint alleged in substance that plaintiff owned a small acreage of real estate in New Mexico, part of which was known as the H & M Ranch and part as the Orchard Ranch. It further alleged that plaintiff and defendants entered into a verbal contract in which it was agreed that plaintiff should convey such real estate to defendants, as well as certain household furniture, furnishings, and accessories, but that plaintiff should have the use of the Orchard Ranch without cost or expense for the remainder of her life, and like use of such part of the household furniture and furnishings on the ranches as she might select; and that defendants should assume and pay off a then past due note in the sum of $15,000 secured by a mortgage covering the H & M Ranch, and should pay to plaintiff $10,000 in cash. It further alleged that the several written contracts and conveyances detailed in the complaint were executed and delivered for the purpose of carrying the verbal agreement into effect. It further alleged that in violation of the agreement, defendants did not accord to plaintiff the free use of the Orchard Ranch, together with the furnishings; that instead, after obtaining conveyances to all of such property, defendants demanded that before entering upon or making any use of the Orchard Ranch plaintiff execute to defendants a tendered lease which restricted her rights in such premises to limits substantially more narrow than those provided in the original agreement; that plaintiff declined to execute the lease demanded by defendants; and that defendants locked plaintiff out of the residential property on the Orchard Ranch and refused to give her the keys to it. And it further alleged that the real and personal property which plaintiff conveyed to defendants was of the reasonable rental value of $per month; that plaintiff had been damaged in that amount per month during the period in which she had been deprived of the use thereof; and that she would continue to suffer damages in that amount for each and every month during which she might thereafter be deprived of the use of the property. The prayer was that all contracts and conveyances executed by plaintiff be cancelled and set aside; that defendants be required to reconvey all of the property to plaintiff; that defendants be required to return to its previous location all personal property which they had removed; that defendants be required to account for all money which they had expended in connection with the property; that there be offset against any money for which defendants might be entitled to reimbursement the damages due plaintiff for the loss of the possession and use of such property; that plaintiff have judgment for any excess in her damages above any amount due defendants; and that plaintiff have such other and further relief as might be just and equitable in the premises. By answer, defendant denied the alleged breach of the contract and otherwise joined issue.