HIZEL v. HOWARD

No. 18862.

354 P.2d 611 (1960)

Mrs. Carl HIZEL, formerly Murrell Selby Collins, Plaintiff In Error, v. Budd HOWARD and Mary Howard, Individually and doing business as The Arthur Murray Studios, Defendants In Error.

Supreme Court of Colorado. In Department.

August 22, 1960.


Attorney(s) appearing for the Case

Paul F. Goldsmith, Kenneth A. Selby, Denver, for plaintiff in error.

Joseph D. Neff, A. E. Small, Jr., Denver, for defendants in error.


DAY, Justice.

This writ of error in which the parties appear as they did in the trial court, seeks to reverse a judgment of dismissal wherein the court upheld the defense of res judicata upon the following factual situation:

Plaintiff in the year 1950 entered into a prepaid contract with the defendants for a series of dancing lessons and paid the full sum of $3,000 thereon, for which the defendants promised to give her instruction in dancing for a total of...

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