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GOULD v. RITE-WAY OIL AND INVESTMENT CO.

No. 18629.

351 P.2d 849 (1960)

Joseph B. GOULD, Plaintiff in Error, v. RITE-WAY OIL AND INVESTMENT CO., a Colorado corporation, W. J. Kaveny, A. J. Kaveny, Jr., Defendants in Error.

Supreme Court of Colorado. In Department.

May 9, 1960.

Attorney(s) appearing for the Case

Anthony F. Zarlengo, H. D. Reed, Robert P. Lipton, Denver, for plaintiff in error.

William G. Sumners, Jr., Denver, S. Robert Houtchens, Greeley, for defendant in error.

PER CURIAM.

This is an action for specific performance of a contract, or in the alternative, for damages in the amount of $191,000, brought by Joseph B. Gould, as plaintiff, against defendants.

The instrument upon which the action is based, omitting legal descriptions, is as follows:

"Agreement

"This agreement, dated April 6, 1957, as follows: The Riteway Oil and Investment Company, and W. J. Kaveny and A. J. Kaveny, Jr., hereinafter known...

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