Doherty & Co. v. Youngblut

<p>1. Adjudicated Cases — -Irrigation Districts — Bonds. See Doherty <£- Co. v. Steele, 71 Colo. 33.</p> <p>2. Evidence — Proofs in Possession of Opposing Party. The fact that one declines to produce documents showing his relations to one alleged to be his agent, is strongly corroborative of any other evidence of agency.</p> <p>3. Irrigation Districts — Bonds—Return. Where one obtains the bonds of an irrigation district with infirmaties, and another secures them from him with knowledge of the defects, both are bound to return them, whether the relation of principal and agent exists between them or not.</p> <p>4. Bonds Delivered as Partial Performance of Contract. Where an irrigation, district delivers its bonds in partial performance of a contract, which is never fulfilled by the contractor, and the work performed is worthless to the district without the completion of the whole, the consideration should be returned.</p>