WALTER E. HELLER & COMPANY v. LINDSEY

No. 19109.

361 P.2d 979 (1961)

WALTER E. HELLER & COMPANY, Inc., a corporation, Plaintiff in Error, v. J. Walter LINDSEY and Jay W. Lindsey, d/b/a Lindsey Lumber & Supplies, Defendants in Error.

Supreme Court of Colorado. In Department.

May 15, 1961.


Attorney(s) appearing for the Case

Cranston & Arthur, Denver, for plaintiff in error.

William L. Osthoff, Jr., Denver, for defendants in error.


DAY, Justice.

We will refer to the plaintiff in error, who appears here as in the trial court, as Heller or plaintiff; to defendants in error Lindsey as Lindsey or defendant.

The cause was tried under an agreed statement of facts disclosing the following: Cal-Ore-Ida Lumber Company of Boise, Idaho, had been selling lumber to Lindsey, a lumber broker in Denver, for a considerable period of time. During the period involved in this action, between July 31 and...

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