DRAKE v. TYNER

No. 94CA1741.

914 P.2d 519 (1996)

Dean W. DRAKE, Plaintiff-Appellee, v. Willa V. TYNER, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

February 8, 1996.


Attorney(s) appearing for the Case

Lawrence J. Simons, Pueblo, for Plaintiff-Appellee.

Dennis J. Sladek, Colorado Springs, for Defendant-Appellant.


Opinion by Judge TAUBMAN.

In this action for declaratory judgment, defendant, Willa V. Tyner, appeals the summary judgment entered in favor of plaintiff, Dean W. Drake. We reverse.

The relevant facts are undisputed. On June 25, 1980, Drake purchased a tract of land from Tyner and her now deceased husband for $44,000. In connection with the purchase, Drake signed a deed of trust and a promissory note. The note was due and payable on or before October 1, 1980...

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