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STATE HIGHWAY DEPARTMENT v. DAWSON

No. 16617.

253 P.2d 593 (1952)

126 Colo. 490

STATE HIGHWAY DEPARTMENT et al. v. DAWSON et al.

Supreme Court of Colorado, en Banc.

Rehearing Denied January 5, 1953.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., H. Lawrence Hinkley, Deputy Atty. Gen., and Edward L. Higbee, Asst. Atty. Gen., for plaintiff in error.

Darrow, Mincer & Petre, Glenwood Springs, for defendants in error.

HOLLAND, Justice.

Defendants in error, as plaintiffs, filed this action on March 26, 1949, against defendant to recover for the agreed price for gravel taken from the lands of plaintiffs under an "option to buy material" dated August 8, 1947. The gravel in question was taken and used by defendant on the Blue Mountain cut off highway project in Rio Blanco county; it undisputably appears from the record that this particular highway project was set up prior to July 1...

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