Laserfiche WebLink
CONCLUSIONS OF LAW <br />A "Contract" is an agreement which creates an obligation; its <br />essential elements are competent parties, subject matter, legal <br />consideration, mutuality of agreement and mutuality of obligation. <br />Peterson v. Trailways. Inc., 555 F.Supp. 827 (D.C. Colo. 1983) and <br />Denver Truck Exchange v. Perryman, 307 P.2d 805, 134 Colo. 586 <br />(1957). <br />Generally, if a party enters into a contract or any other <br />legal transaction with sufficient mental capacity to understand it, <br />and not under the influence of fraud, coercion or imposition, such <br />party will not be relieved of consequences of his act on the sole <br />ground that the bargain is improvident as to him. Sedalia Land Co. <br />v. Robinson Brick Tile Co, 475 P.2d 351, 28 Colo.App. 550 (1970) <br />and Ace Flying Service. Inc. v. Colo. Dept. of Agriculture, 348 <br />P.2d 962, 141 Colo. 467 (1960). The mere fact that a contract is <br />unprofitable as to one of the parties or that it was improvidently <br />entered into, is not, in and of itself, sufficient basis for <br />avoiding contractual obligations. Great Am. Inc. Co. of New York <br />v. City of Boulder,. 4+76 P.2d 586 (Colo. 1970). <br />A contract is not void for uncertainty if it is sufficiently <br />definite so that it can be ascertained with a reasonable degree of <br />certainty what the parties intended to agree to, even though it <br />does not enter into all the details with respect to its subject- <br />matter. Where the owners of a mine by pumping the water from their <br />own mine drained the water from another mine, and the owner of the <br />other mine promised to pay its proportion of the expense of the <br />pumping, such promise is not void for uncertainty because it failed <br />to state just how much or what aliquot part of the expense should <br />be paid by each. Fisk Min & Mill. Co. v. Reed. 77 P. 240, 32 <br />Colo. 506. (1903). <br />Whether terms of contract are sufficiently definite in given <br />circumstance depends, to a large extent, on purpose of contract, <br />and relations between the parties involved. Hayes v. North Table <br />Mountain Coro., 608 P.2d 830, 43 Colo.App. 467 (1979). <br />Terms of a contract need only be expressed with reasonable <br />definiteness and what is reasonable in any case must depend upon <br />the subject matter of the agreement, the purpose for which it was <br />entered into, the situation and relations of the parties, and the <br />circumstances under which it was made. Marcor Housing Systems, <br />Inc. v. First American Title Co., 584 P.2d 86, 41 Colo.App. 90, <br />(1978) affirmed in part, reversed in part O'Hara Group Denver. Ltd. <br />v. Marcor Housing Systems. Inc., 595 P.2d 679, 197 Colo. 530. <br />(1979). <br />In construing a contract a Court should consider the subject <br />matter, the sense in which the parties naturally understood the <br />contract at the time it was made, and purposes and objects to be <br />5 <br />