WARNER v. YELLOW MANUFACTURING ACCEPTANCE CORP.

No. 19471.

355 P.2d 956 (1960)

Merlin D. WARNER, Individually and doing business as Warner Construction Co., Plaintiff in Error, v. YELLOW MANUFACTURING ACCEPTANCE CORPORATION, a Delaware Corporation, Defendant in Error.

Supreme Court of Colorado. En Banc.

October 10, 1960.


Attorney(s) appearing for the Case

C. Lee Goodbar, Jr., William D. Goodbar, Colorado Springs, for plaintiff in error.

No Appearance for defendant in error.


SUTTON, Chief Justice.

The parties here appear in inverse order to their appearance in the trial court, and will be referred to as they there appeared or by name.

On December 8, 1958, Warner entered into an agreement with the Colorado Builders' Supply Company under the terms of which he agreed to purchase two second hand La Plante Chate Model TS-300 Scrapers. He paid $5,000.00 down and executed a note and chattel mortage for the balance of the purchase price...

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