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SONTAG v. ABBOTT

No. 18381.

344 P.2d 961 (1959)

Samuel H. SONTAG, Plaintiff in Error, v. Russell E. ABBOTT, Irene A. Wherry, and Howard E. Abbott, doing business under the style and firm name of The Abbott Lumber Company, a copartnership; Robert Herbertson, doing business as Herbertson Sand and Gravel Company; and Charles E. McNeil, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 26, 1959.

Attorney(s) appearing for the Case

Harry L. Silverman, Sheldon Silverman, Denver, for plaintiff in error.

Robert B. Lee, M. O. Shivers, Jr., Englewood, for defendants in error, Russell E. Abbott, Irene A. Wherry and Howard E. Abbott, doing business under the style and firm name of Abbott Lumber Co., a copartnership.

Walter S. Erwin, Littleton, and Richard N. Graham, Englewood, for defendant in error, Robert Herbertson, doing business as Herbertson Sand and Gravel Co.

Richard N. Graham, Englewood, for defendant in error, Charles E. McNeil.

MOORE, Justice.

This case involves conflicting claims between a mortgagee of real estate and holders of liens for labor and material on the mortgaged property. Plaintiff in error will be referred to by name, and defendants in error will be mentioned as lien claimants or by name.

The case was submitted to the trial court upon an agreed statement of facts from which it appears that on June 14, 1955, James E. King entered into a written contract with the Klawitters...

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