GOVERNOR'S RANCH v. MERCY OF COLORADO

Nos. 88CA0793, 88CA1586.

793 P.2d 648 (1990)

GOVERNOR'S RANCH PROFESSIONAL CENTER, LTD., and Donald Werking and Gregory Kowalchuk, as additional parties bound by the judgment, Plaintiffs-Appellants, v. MERCY OF COLORADO, INC., d/b/a Merco, Inc.; Mercy Health Care Services; Mercy Health Initiatives, Inc.; and Mercy Medical Center, Denver, Colorado, f/k/a Mercy Hospital, Defendants-Appellees, and MERCO, INC., Defendant and Third-Party Plaintiff-Appellee, v. GOVERNOR'S RANCH PROFESSIONAL CENTER, LTD., A Colorado Limited partnership, Third-Party Defendant-Appellant.

Colorado Court of Appeals, Div. II.

May 3, 1990.


Attorney(s) appearing for the Case

Davis, Graham & Stubbs, Carole Jeffery, Peter N. Simon, Denver, for appellants Governor's Ranch Professional Center, Ltd., Donald W. Werking and Gregory R. Kowalchuk.

Sabey, Epstein, Ordelheide & Smith, Melvin B. Sabey, Mark L. Sabey, Denver, for appellees Mercy of Colo., Inc., d/b/a Merco, Inc., Mercy Health Care Services; Mercy Health Initiatives, Inc., and Mercy Medical Center, f/k/a Mercy Hosp.


Opinion by Judge DAVIDSON.

Governor's Ranch Professional Center, Ltd., and its two partners, Donald W. Werking and Gregory R. Kowalchuk, appeal the trial court's summary judgment granting Merco, Inc., and several of its subsidiaries, restitution and rescission of a contract it had entered into with Governor's Ranch. We reverse and remand.

Werking and Kowalchuk formed Governor's Ranch for the purpose of building and operating a medical-dental facility. Their...

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