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PERCIFIELD v. ROSA

No. 16448.

220 P.2d 546 (1950)

122 Colo. 167

PERCIFIELD v. ROSA et al.

Supreme Court of Colorado, en Banc.

July 1, 1950.

Attorney(s) appearing for the Case

Walter H. Anderson, Pocatello, Idaho, for plaintiff in error.

Anthony F. Zarlengo, Denver, C. H. Darrow, N. S. Mincer, and G. J. Petre, Glenwood Springs, for defendants in error.

ALTER, Justice.

Raymond Percifield brought an action against Joe Rosa and Eva Rosa, and C. L. Taggert, public trustee of Rio Blanco county, for the purpose of obtaining a judicial construction of a certain deed and determining the amount of set-off allegedly due him by reason of a failure of consideration and for an injunction to prevent foreclosure. Trial was had to the court, and at its conclusion, judgment was entered in favor of defendants, to review which plaintiff...

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