CHACON v. SCAVO

No. 19169.

358 P.2d 614 (1960)

Nestor CHACON and Don Cludray, Plaintiffs in Error, v. George A. SCAVO, Arthur C. Valente and William A. Sarconi, Defendants in Error.

Supreme Court of Colorado, In Department.

December 30, 1960.


Attorney(s) appearing for the Case

Robinson & Robinson, Denver, for plaintiffs in error.

Joseph N. Lilly, Denver, for defendants in error George A. Scavo and Arthur C. Valente.

Robert J. Kirschwing, Denver, for defendant in error William A. Sarconi.


SUTTON, Chief Justice.

The parties appear here in the same order as in the trial court.

The essence of plaintiffs' complaint is that they had entered into a contract with defendants whereby they were to receive building sites, and that because of city restrictions the land could not be used for the construction of houses. The complaint was based on three alternate theories: failure of consideration, mutual mistake, and misrepresentation. The trial court granted...

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