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AMERICAN MINING CO. v. HIMROD-KIMBALL MINES CO.

No. 16459.

235 P.2d 804 (1951)

124 Colo. 186

AMERICAN MINING CO. v. HIMROD-KIMBALL MINES CO. et al.

Supreme Court of Colorado, en Banc.

Rehearing Denied September 17, 1951.

Attorney(s) appearing for the Case

Carle Whitehead and Albert L. Vogl, Denver, for plaintiff in error.

Charles Oscar Erbaugh, Denver, John R. Wolff, Boulder, for defendants in error.

CLARK, Justice.

Plaintiff in error, as plaintiff in the court below and hereinafter so designated, brought suit to obtain a decree of specific performance upon the instrument hereinafter set forth, or in the alternative, a money judgment for damages.

The instrument sued upon, and appearing in this proceeding as Exhibit A, is in the form of a letter bearing date May 1, 1947. Plaintiff claims thereunder as assignee...

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