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DENVER GRAVEL & CONCRETE CO. v. BOYLE

No. 21183.

420 P.2d 829 (1966)

DENVER GRAVEL & CONCRETE CO., a Colorado corporation, Plaintiff in Error, v. Edward BOYLE and Claire M. Boyle, Defendants in Error.

Supreme Court of Colorado, In Department.

December 12, 1966.

Attorney(s) appearing for the Case

Robert L. McDougal, Colorado Springs, for plaintiff in error.

Fleming & Partridge, Osmer E. Smith and James D. Childress, Golden, for defendants.

McWILLIAMS, Justice.

Edward and Claire Boyle filed a complaint in foreclosure against the Denver Gravel and Concrete Co., hereinafter referred to as the Denver Co., wherein they alleged that the Denver Co. was in default on a certain promissory note which it had theretofore executed and delivered to them. In connection therewith the Boyles prayed for judgment in the principal amount of $39,000, together with all interest, costs and attorney's fees as provided for...

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