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COLORADO KENWORTH CORPORATION v. WHITWORTH

No. 18815.

357 P.2d 626 (1960)

COLORADO KENWORTH CORPORATION, a Colorado corporation, Plaintiff in Error, v. Henry Clay WHITWORTH, Defendant in Error.

Supreme Court of Colorado, In Department.

As Modified on Denial of Rehearing December 30, 1960.

Attorney(s) appearing for the Case

Grant, Shafroth, Toll, Chilson & Mc-Hendrie, Royce D. Sickler, Denver, for plaintiff in error.

J. V. Condon, George B. Lee, Aurora, for defendant in error.

FRANTZ, Justice.

We recount the chronology of the transaction and the ensuing suit which culminated in the issuance of a writ of error from this court on application of Colorado Kenworth Corporation. Kenworth would have us reverse an adverse judgment in the sum of $5,000 obtained by Whitworth.

On December 19, 1956, Whitworth purchased a used truck-tractor from Kenworth at a sales price of $6,500. His initial payment was represented by a credit of $1,428.48...

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