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WEAVER v. FIRST NATIONAL BANK OF LIMON

No. 17914.

330 P.2d 142 (1958)

D. E. WEAVER, d/b/a Limon Livestock Sales Company, Plaintiff in Error, v. The FIRST NATIONAL BANK OF LIMON, Colorado; The Security State Bank of Sterling, Colorado; The First National Bank of Denver, Colorado; The Federal Reserve Bank of Kansas City; Earl Goodwin; Charles Watson and Arnold L. Todd, Defendants in Error.

Supreme Court of Colorado, En Banc.

September 22, 1958.

Attorney(s) appearing for the Case

Benjamin E. Sweet, Denver, for plaintiff in error.

Kreager & Sublett, and Graydon F. Dowis, Jr., Sterling, for defendants in error, The Security State Bank of Sterling, The First National Bank of Denver, and The Federal Reserve Bank of Kansas City.

Joseph Corey, Colorado Springs, for defendant in error Earl Goodwin.

Ben L. Wright, Jr., Denver, for defendant in error Charles Watson.

FRANTZ, Justice.

One Sparks (who does not appear in these proceedings on error) brought suit against Watson to replevy twenty-three cows in the latter's possession. Watson answered, denying Sparks' claim of ownership. By third party complaint Watson sued Weaver, who sold him the cows through his licensed livestock sales ring. Watson's claim was predicated on breach of warranty of title to the cows. Recovery of $3,128, the...

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