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SULLIVAN v. RICHERT

No. 18057.

314 P.2d 690 (1957)

Horace J. SULLIVAN, Plaintiff in Error, v. William A. RICHERT, Defendant in Error.

Supreme Court of Colorado. In Department.

August 26, 1957.

Attorney(s) appearing for the Case

Thomas K. Hudson, Denver, for plaintiff in error.

No appearance for defendant in error.

MOORE, Chief Justice.

This action involves the right of a plaintiff to enforce provisions of a guarantee of profits made by the seller of vending machines.

Rickert, defendant in error, purchased a number of coin-operated machines from Sullivan. The seller delivered to Rickert a written guarantee of profits certificate which provided in pertinent part that:

"* * * said machines will earn a profit of not less than 100% of the net purchase price thereof...

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