HOLLAND, Justice.
Defendant in error, as plaintiff, filed a complaint in the district court of the City and County of Denver on April 8, 1952, alleging that he had paid $350 to defendant, plaintiff in error, for his equity in a used truck and assumed and agreed to pay a promissory note to a finance company for an amount due from defendant on said truck; that defendant represented that the truck was in excellent running condition and guaranteed to perform the uses...
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