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LEOFFLER v. WILCOX

No. 17438.

289 P.2d 902 (1955)

James E. LEOFFLER and Jeanne Leoffler, Plaintiffs in Error, v. Elma Irene WILCOX, Administratrix of the Estate of Kenneth George Wilcox, also known as Kenneth G. Wilcox, deceased, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 5, 1955.

Attorney(s) appearing for the Case

Grutter & Callahan, Wray, for plaintiffs in error.

Thomas & Thomas, Burlington, for defendant in error.

Before MOORE, HOLLAND, CLARK, BRADFIELD and KNAUSS, JJ.

HOLLAND, Justice.

On December 4, 1950 Kenneth G. Wilcox, now deceased entered into a well and pump contract by which he agreed to drill an irrigation well to the depth of 265 feet for the sum of $6,500 as full price for the drilling of the well, the well casing and the gravel and pumping equipment complete, and guaranteed that the well would produce 1,000 gallons per minute and if not, he would retain the casing and gravel. This contract was entered into with James...

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