SMITH v. WAGNER

No. 17420.

279 P.2d 1057 (1955)

131 Colo. 136

Ashley SMITH, Plaintiff in Error, v. Lawrence WAGNER, Defendant in Error.

Supreme Court of Colorado, En Banc.

February 14, 1955.


Attorney(s) appearing for the Case

Isaac Mellman and Gerald N. Mellman, Denver, for plaintiff in error.

Frank D. Allen and Frank D. Allen, Jr., Akron, for defendant in error.


PER CURIAM.

In calculating the credit to be allowed plaintiff in error for thirty bushels of grain received by defendant, the trial court mistakenly figured thirty bushels of millet, which defendant did not receive, at $2.50 per bushel, or $75, instead of thirty bushels of coes, which defendant did receive, at $3 per bushel, or $90, thus reducing the amount for which judgment should have been entered on defendant's counterclaim against plaintiff by the sum of $15...

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