POLZ v. DONNELLY

No. 16234.

213 P.2d 385 (1949)

121 Colo. 95

POLZ v. DONNELLY.

Supreme Court of Colorado, in Department.

December 12, 1949.


Attorney(s) appearing for the Case

Frank H. Hall, Trinidad, for plaintiff in error.

Nicholas C. Dazzo, Joseph F. Nigro, Trinidad, for defendant in error.


JACKSON, Justice.

Plaintiff, who is plaintiff in error here, sued defendant on a promissory note seeking recovery of an alleged unpaid balance of $838.21. The note was given in part payment of a used Luscombe 8A-41 plane.

Defendant answered and counterclaimed in the following language: "Defendant admits signing a note on May 15, 1941, but alleges and states that said note was given in payment for a used luscombe BA plane [in all other places in the record...

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