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SCOTT v. HUNTZINGER

No. 19510.

365 P.2d 692 (1961)

Ira SCOTT, R. Q. Scott and David I. Sheppard, individually and as a Partnership doing business as Scott, Scott & Sheppard; and John J. Sullivan, individually, Plaintiffs in Error, v. Homer G. HUNTZINGER, Defendant in Error.

Supreme Court of Colorado. In Department.

October 23, 1961.

Attorney(s) appearing for the Case

Knowles and Shaw, Jerry L. Smith, Denver, for plaintiffs in error.

Fugate, May, Mitchem & McGinley, Daniel S. Hoffman, Denver, for defendant in error.

McWILLIAMS, Justice.

Upon trial to the court Huntzinger, as plaintiff, obtained a joint and several judgment for $5,000 against Ira Scott, R. G. Scott and David I. Sheppard, individually and as a partnership doing business as Scott, Scott and Sheppard and John J. Sullivan, all of whom will hereafter be collectively referred to as the defendants. By the present writ of error defendants seek reversal of this judgment.

Huntzinger's action sounds in contract and...

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