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STONER v. MARSHALL

No. 19399.

358 P.2d 1021 (1961)

Opal STONER, Plaintiff in Error, v. Eldon MARSHALL and Russell L. Marshall, Defendants in Error.

Supreme Court of Colorado, In Department.

January 30, 1961.

Attorney(s) appearing for the Case

F. Nelson Pabst, Denver, for plaintiff in error.

Smith, Pyle, Johnson & Makris, Denver, for defendants in error.

SUTTON, Justice.

Howard Hatcher, who is not a party to this action, was the owner of a small doughnut shop. He negotiated with Stoner to sell the business to her. At that time Hatcher was indebted on his purchase promissory note to Marshall, from whom he had purchased the shop. Hatcher asked Marshall to meet with Stoner and himself to complete the sale of the shop to her. As part of the sale to Stoner she was in effect substituted...

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