BURKHARDT v. BANK OF AMERICA NAT. TRUST & SAV. ASS'N

No. 16850.

256 P.2d 234 (1953)

127 Colo. 251

BURKHARDT v. BANK OF AMERICA NAT. TRUST & SAVINGS ASS'N.

Supreme Court of Colorado, en Banc.

Rehearing Denied April 20, 1953.


Attorney(s) appearing for the Case

Phelps, Wittelshofer & Calkins, Denver, Robert L. Gee, Denver, for plaintiff in error.

Rothgerber, Appel & Powers, Ira Rothgerber, Jr., Denver, for defendant in error.


HOLLAND, Justice.

This is an action on a guaranty for payment of rent. Counsel for defendant in error say, "The only issue in this case is the validity of this agreement, and whether plaintiff in error is liable thereunder." Counsel for plaintiff in error, to whom we will herein refer as defendant, contend that the guaranty involved lacks consideration; that it is a special guaranty and not general; that being special, any rights thereunder did not descend to the...

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