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SONTAG v. ABBOTT

No. 18380.

344 P.2d 965 (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; and Robert Herbertson, doing business as Herbertson Sand and Gravel Company, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 26, 1959.

Attorney(s) appearing for the Case

Error to the District Court, Arapahoe County; Martin P. Miller, Judge.

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.

MOORE, Justice.

The facts involved in this controversy are comparable to those present in the case of Sontag v. Abbott, No. 18381, Colo., 344 P.2d 961. The only differences to be found are in the dates of the transactions and the amount of money involved.

The legal questions posed are exactly the same as those presented in case No. 18381, supra, and our opinion in that cause is decisive...

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